When to apply?

Old Apr 9th 2019, 10:58 am
  #1  
Just Joined
Thread Starter
 
Joined: Mar 2017
Posts: 11
PinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond repute
Default When to apply?

Hi

I have been reading the forum for a while now and understand that you like as much background information as possible so I will try my best whilst trying not to give my identity away !

My husband owns a company which manufactures their own products which they sell B2C and B2B with distributors in various countries. A US based company seeks to become a distributor and has reached an agreement for us to open up a factory in the US in partnership with them to improve profit margins for both sides when taking into account shipping costs / times, taxes etc.

My husband has already been out to the US once using the VWP to attend "meetings". Now that the factory is in the process of being set up and he is going back out next week (only 14 days after he arrived home) and then will be back out in another 4 weeks after this trip and then back out in another 3 weeks after that for our family holiday!

I have 2 questions:

1. Am I correct to think that he is on a fine line with the VWP and all of these "business meetings" he is attending and needs to look into a visa?

2. Could he do this on a B visa or, is an L visa better? He has no qualifications in his field but is the only one who knows the "secret" to making the products. He could pass this knowledge on but may risk the IP if it fell into the wrong hands. I think the L1A would be the correct visa (if we wanted to move) as it would fall in to opening a subsidiary office and he has worked for the same company continuously for over 1 year? If we didn't go for that could he cover this work on a B visa (I'm not as clued up on the benefits of this one)?

There is intention to have immigration lawyers look at this and I would like to use one outside of London (i.e. more local to us) which seems to be difficult - should I be looking at one based in the US instead?

My husband has grand plans to relocate out there which was always an ambition of mine but typically I now have young children, my dream home and a good network here and I have lost interest in the idea though I'm not closed off to trying it for a couple of years. I'm mindful that this may be our only opportunity to secure a visa so it may be that we should go for it.
PinkRibbon is offline  
Old Apr 9th 2019, 1:29 pm
  #2  
BE Forum Addict
 
BenK91's Avatar
 
Joined: Feb 2015
Location: Denver, Colorado.
Posts: 1,364
BenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond repute
Default Re: When to apply?

The fact you're referring to them as "meetings" says all you need to know, what he's doing is essentially illegal if these "meetings" are extending as such as a factory being opened up on behalf of someone who doesn't have/anywhere near close to getting a visa to live and work in the US.

Who would be petitioning for your husband? The US partnership company? He cannot apply for a work visa for himself, he can only apply for a tourist visa or an investor visa himself.
BenK91 is offline  
Old Apr 9th 2019, 1:42 pm
  #3  
Lt Col (Retd)
 
Pulaski's Avatar
 
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 45,618
Pulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond repute
Default Re: When to apply?

Originally Posted by BenK91 View Post
The fact you're referring to them as "meetings" says all you need to know, what he's doing is essentially illegal if these "meetings" are extending as such as a factory being opened up on behalf of someone who doesn't have/anywhere near close to getting a visa to live and work in the US. ....
Nope! Constructing/ developing/ opening an office/ factory/ facility including setting up processes and systems, installing equipment or over-seeing the same, setting up supplier contracts and services, hiring staff, etc., etc., etc. are all permissible on a B-1/B-2 visa or the VWP (same rules apply to both). Once the start-up operation transitions into steady state is where a visa, such as an L-1 or E-2, would be required.
Pulaski is online now  
Old Apr 9th 2019, 1:51 pm
  #4  
Lt Col (Retd)
 
Pulaski's Avatar
 
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 45,618
Pulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond repute
Default Re: When to apply?

Originally Posted by PinkRibbon View Post
…. I have 2 questions:

1. Am I correct to think that he is on a fine line with the VWP and all of these "business meetings" he is attending and needs to look into a visa? ….
Yes, he's fine on the VWP, for the meetings and more, much more. See above.
… 2. Could he do this on a B visa or, is an L visa better? He has no qualifications in his field but is the only one who knows the "secret" to making the products. He could pass this knowledge on but may risk the IP if it fell into the wrong hands. I think the L1A would be the correct visa (if we wanted to move) as it would fall in to opening a subsidiary office and he has worked for the same company continuously for over 1 year? If we didn't go for that could he cover this work on a B visa (I'm not as clued up on the benefits of this one)?
….
A B-1/B-2 will confer no advantages other than being able to stay longer, and if he did that he could end up creating ugly tax issues if he isn't careful.

Ulitmately an L-1 might be best, but depending on how the JV is owned and structured an E-2 might also be possible. Neither necessarily require the holder to live in the US, some people just use such a visa as a handy way to avoid issues with possible being seen as working in the US on the VWP. Bear in mind that the L-1A cannot be extended beyond 7 years, so it would mean either going for a green card, switching to an E-2 (if the conditions are met), or leaving. An E-2 can be renewed indefinitely so long as the conditions are met.
Pulaski is online now  
Old Apr 9th 2019, 4:15 pm
  #5  
Deep in the woods of CT
 
Nutmegger's Avatar
 
Joined: Feb 2010
Posts: 5,475
Nutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond repute
Default Re: When to apply?

Originally Posted by Pulaski View Post
An E-2 can be renewed indefinitely so long as the conditions are met.
However, the children would age out at 21.
Nutmegger is offline  
Old Apr 9th 2019, 6:29 pm
  #6  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 30,367
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: When to apply?

There are competent US Immigration Lawyers in the UK, but this is not something for you to look at, something the Company would do.
Boiler is online now  
Old Apr 9th 2019, 6:55 pm
  #7  
Lt Col (Retd)
 
Pulaski's Avatar
 
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 45,618
Pulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond repute
Default Re: When to apply?

Originally Posted by Boiler View Post
There are competent US Immigration Lawyers in the UK, but this is not something for you to look at, something the Company would do.
The OP's husband owns the company, so the difference between the company and the visa holder is only technical.
Pulaski is online now  
Old Apr 9th 2019, 6:58 pm
  #8  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 30,367
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: When to apply?

Originally Posted by Pulaski View Post
The OP's husband owns the company, so the difference between the company and the visa holder is only technical.
Did not sound she worked in the Company.
Boiler is online now  
Old Apr 9th 2019, 7:05 pm
  #9  
Lt Col (Retd)
 
Pulaski's Avatar
 
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 45,618
Pulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond repute
Default Re: When to apply?

Originally Posted by Boiler View Post
Did not sound she worked in the Company.
My husband owns a company which manufactures their own products ….. and has reached an agreement for us to open up a factory in the US ....
What other interpretation do you have for this, quoted from post #1?
Pulaski is online now  
Old Apr 9th 2019, 7:12 pm
  #10  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 30,367
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: When to apply?

Lets see what the OP says, how many times have we come across posts from people who think they apply for a visa and not the Company.
Boiler is online now  
Old Apr 9th 2019, 7:31 pm
  #11  
Lt Col (Retd)
 
Pulaski's Avatar
 
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 45,618
Pulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond repute
Default Re: When to apply?

Originally Posted by Boiler View Post
Lets see what the OP says, how many times have we come across posts from people who think they apply for a visa and not the Company.
Not many, where the poster (or their spouse) is the owner of the business! …. But there have been some, and we have even counselled some people who own a "substantial" business in the UK that filing for an L-1A would be easier than an E-2, so long as they can install a manager for the UK (non-US) operation while they come to the US to start and run the US "branch".

Last edited by Pulaski; Apr 9th 2019 at 7:34 pm.
Pulaski is online now  
Old Apr 9th 2019, 10:20 pm
  #12  
Just Joined
Thread Starter
 
Joined: Mar 2017
Posts: 11
PinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond reputePinkRibbon has a reputation beyond repute
Default Re: When to apply?

Thank you so much for your comments, they’ve been really helpful. I had in my head that to have an L1A would mean you had to arrive in the US by X date to work there full time. I didn’t appreciate that it could allow my husband to to spend a year working between the two offices and then we could make a decision to make the move perhaps? From what I have read on the forum, the L1A would be a better route than the E-2 to a green card should we decide to stay? My children are 1 and 3 so a fair way off ageing out of the E-2 but nevertheless it should be a consideration as you don’t know what will happen!

The JV will establish a new LLC or C Corp and the US company (ie the current clients) have offered to pay for the petition, would this be via the new company or their established company? All parties know that a lawyer will be handling all of this but I am educating myself (and them) prior to this so that we ensure we are hiring the correct firm with the assumption being that what they tell us matches what we have learned. I don’t work for the company, my use of “us” and “we” is because it’s still our family business and I do help on the sidelines and muck in when required which brings me here . It is expected that I will join the UK company to relieve my husband of the day to day things to focus on the new factory.

Technically, if he were not doing this as a joint venture and instead were opening up a subsidiary of his own company, would he be his own petitioner?
PinkRibbon is offline  
Old Apr 9th 2019, 10:39 pm
  #13  
Lt Col (Retd)
 
Pulaski's Avatar
 
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 45,618
Pulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond repute
Default Re: When to apply?

Originally Posted by PinkRibbon View Post
Thank you so much for your comments, they’ve been really helpful. I had in my head that to have an L1A would mean you had to arrive in the US by X date to work there full time. I didn’t appreciate that it could allow my husband to to spend a year working between the two offices and then we could make a decision to make the move perhaps? ….
It isn't commonly used that way, but there is no reason why it can't be used like that, with the main drawback being the expense . If an employer has coughed up $8-$10,000 including legal fees for an L-1A visa, then typically the employer expects the sponsored employee to be on-site full time in the US. However if you are effectively self employed then it is, quite literally, your own business where you spend your time!
From what I have read on the forum, the L1A would be a better route than the E-2 to a green card should we decide to stay? My children are 1 and 3 so a fair way off ageing out of the E-2 but nevertheless it should be a consideration as you don’t know what will happen!

The JV will establish a new LLC or C Corp and the US company (ie the current clients) have offered to pay for the petition, would this be via the new company or their established company? ….
The application needs to be sumitted in the first instance by the company which will being employing him, and AND he must have worked for the same company/ group for at least 12 months (during the last 36 months), so that would preclude the application coming from the "other owner" (company).
… All parties know that a lawyer will be handling all of this but I am educating myself (and them) prior to this so that we ensure we are hiring the correct firm with the assumption being that what they tell us matches what we have learned. I don’t work for the company, my use of “us” and “we” is because it’s still our family business and I do help on the sidelines and muck in when required which brings me here
I understood that, I think you were clear in what you said and meant. Please accept my apology on behalf of those who are a bit slow on the uptake and whose writing style is both brief and obtuse.
…..Technically, if he were not doing this as a joint venture and instead were opening up a subsidiary of his own company, would he be his own petitioner?
Same answer, his company (employer) would petition for him.

Last edited by Pulaski; Apr 9th 2019 at 10:47 pm.
Pulaski is online now  
Old Apr 9th 2019, 11:52 pm
  #14  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 30,367
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: When to apply?

A new Company or the US Company would probably be a H1b. Which has its own complications.

So do I take it, I am a bit slow on the uptake, that the UK Management can and will be continuing the UK operation? So he will be based potentially in the US working with the JV and also in control of the UK operation.
Boiler is online now  
Old Apr 10th 2019, 12:45 am
  #15  
Lt Col (Retd)
 
Pulaski's Avatar
 
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 45,618
Pulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond reputePulaski has a reputation beyond repute
Default Re: When to apply?

Originally Posted by Boiler View Post
A new Company or the US Company would probably be a H1b. ….
The existing US "partner" company, yes, agreed, but not a "new company" it wouldn't, so long as it meets the criteria of being owned by/ a branch of the UK parent. This will probably need careful consideration and legal advice if the US "partner" organization has a substantial investment in the joint venture operation. If the new US venture is controlled and owned entirely, or substantially, by the UK-based parent organization then there shouldn't be a problem justifying an L-1A visa.

Pulaski is online now  

Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.