L1 from a Partnership
 

I work in the UK for a small firm of accountants. I have been discussing with the partners about starting an operation in the US.

Out of 4 partners, only one is keen to co-invest with me in this operation. We are planning to invest $250k in the new company in the US.

I wish to apply for L1 but am concerned that with only one partner on borad there will not be enough affiliation between the UK partnership and the new US company.

I wondered if anybody has had experience of this or has views.

Thank you so much for your help.

Freddie

Re: L1 from a Partnership
 

On 22 May 2002 13:20:05 GMT, Freddie-A <[email protected]> wrote:

    >I work in the UK for a small firm of accountants. I have been discussing with the
    >partners about starting an operation in the US.
    >
    >Out of 4 partners, only one is keen to co-invest with me in this operation. We are
    >planning to invest $250k in the new company in the US.
    >
    >I wish to apply for L1 but am concerned that with only one partner on borad there
    >will not be enough affiliation between the UK partnership and the new US company.
    >
    >I wondered if anybody has had experience of this or has views.

Well, there are two issues here. First, is there enough affiliation? The answer is
most likely, yes. In the past, even joint ventures and other very loose associations
have been considered acceptable.

The second issue is thornier: you would be in control of the company that sponsors
you. INS scrutinizes such L-1s closely, and the company absolutely cannot sponsor you
for a Green Card. So after five years, you would have to leave the country again.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Re: L1 from a Partnership
 

Freddie,

It sounds like you may have a few options avialble to you to set up an office in the
U.S. However, without knowing some important details, it is impossible to say whether
you will or will not qualify for an L-1. That determination is really based on a
thorough analysis of your partnership and plan for the U.S. office, as well as your
own personal needs/goals.

From your brief decsription, it looks like you may have a few appealing options. The
L-1 is certainly a possibility, and you have long term plans to come to the U.S.,
setting yourself up for L-1A could lead to a fast-track green card.

You may also qualify for an E-2 investment visa. If there is a problem with
qualifying the partnership for an L-1, or if you wanted to take adavantage of a 5
year visa with no limit on extensions (as opposed to the L-1 where you would
initially receive a 1 year visa because it is a new office, and then hit a ceiling of
either 5 or 7 years)an E-2 may be a good fit for you.

The good thing about both of those options is that spouses receive work
authorization.

Without more information, it is impossivble to say what is the best fit for you L-1
or E-2. However, I think there is a fit in one or both of them, and you may eb able
to choose which one is more advantageous for your own personal needs.

If you would like to discuss which option is best for you, pleas feel free to contact
me anytime.

Regards,

Andrew M. Wilson, Esq. Serotte, Reich & Seipp, LLP [email protected]

Freddie-A <[email protected]> wrote in message
news:<[email protected]>...
    > I work in the UK for a small firm of accountants. I have been discussing with the
    > partners about starting an operation in the US.
    >
    > Out of 4 partners, only one is keen to co-invest with me in this operation. We are
    > planning to invest $250k in the new company in the US.
    >
    > I wish to apply for L1 but am concerned that with only one partner on borad there
    > will not be enough affiliation between the UK partnership and the new US company.
    >
    > I wondered if anybody has had experience of this or has views.
    >
    > Thank you so much for your help.
    >
    > Freddie

Re: L1 from a Partnership
 

[QUOTE]Originally posted by Ingo Pakleppa
[B]On 22 May 2002 13:20:05 GMT, Freddie-A <[email protected]> wrote:

 The second issue is thornier: you would be in control of the company that sponsors
you. INS scrutinizes such L-1s closely, and the company absolutely cannot sponsor you
for a Green Card. So after five years, you would have to leave the country again.

Ingo

----------------------------------

Dear Ingo, Thank you for your input to my issue. I really appreciate it!

In reply to the second concern, I understand, in L1 situations, the US subsidiary has to remain under control of the parent. Shareholdings will certainly be > 51%. My own portion of investment may be in for of a loan.

I will certainly be "the" executive of the US company, by definition I have to be for L1A visa. Would it help if I had say 2 other directors on board so that I become a minority in directors meetings?

You can see my problem, whilst I see your point about limitations to self sponsoring, I am not sure at all if one can structure it in such a way as to legally eliminate their objections.

If you know a good lawyer who can help me, I appreciate it. In a way I am lucky that I can structure things in advance and I would very much like to take advantage of it!

Thanks again

Freddie

Re: L1 from a Partnership
 

Dear Andrew,

I am quite aware of E2 visas and you are quite right in that it is a back up if L1 does not work.

My preference is to use the time on my side to structure something to satisfy an L1A visa and the INS for a green card after a year in the US. Since I have a family and children, a green card suites me most. Also, I understand the US Consulate in London/UK has become very tough on E2 visas particularly with small ventures like mine and they look at proportionality, no of employees, turnover etc quite harshly both initially and on renewal. A UK lawyer also tells me since 9/11 they only grant max 2 years and that is for large existing businesses >$1m turnover! In the past 6 months they tell me every E2 visa has been rejected on first submission and only some have been granted after resubmission!

To my mind the requirements on the business itself for an L1 visa are less stringent and seem to concentrate of the ability of the US subsidiary to sustain its executive in the US with less emphasis on external employees, turnover, profits etc. If that is the case, then a company capitalised at $250k can sustain it CEO at $50k a year for 5 years even if it did not trade!

Somebody at the forum pointed me to difficulties arising when EB1 is being applied for since I am the owner of the company in the UK and the US. I don't know how much of an issue there is here but wonder if it can be overcome by appointing external majority directors and perhaps shareholders.

I stop writing now before this email gets too boring! I wondered if you had any experties in L1A visas and how you could help with the structuring of the companies.

Yours very thankfully

Freddie
UK



[QUOTE]Originally posted by Andrew M. Wilso
[B]Freddie,

It sounds like you may have a few options avialble to you to set up an office in the
U.S. However, without knowing some important details, it is impossible to say whether
you will or will not qualify for an L-1. That determination is really based on a
thorough analysis of your partnership and plan for the U.S. office, as well as your
own personal needs/goals.

From your brief decsription, it looks like you may have a few appealing options. The
L-1 is certainly a possibility, and you have long term plans to come to the U.S.,
setting yourself up for L-1A could lead to a fast-track green card.

You may also qualify for an E-2 investment visa. If there is a problem with
qualifying the partnership for an L-1, or if you wanted to take adavantage of a 5
year visa with no limit on extensions (as opposed to the L-1 where you would
initially receive a 1 year visa because it is a new office, and then hit a ceiling of
either 5 or 7 years)an E-2 may be a good fit for you.

The good thing about both of those options is that spouses receive work
authorization.

Without more information, it is impossivble to say what is the best fit for you L-1
or E-2. However, I think there is a fit in one or both of them, and you may eb able
to choose which one is more advantageous for your own personal needs.

If you would like to discuss which option is best for you, pleas feel free to contact
me anytime.

Regards,

Andrew M. Wilson, Esq. Serotte, Reich & Seipp, LLP [email protected]

Re: L1 from a Partnership
 

On 29 May 2002 14:20:08 GMT, Freddie-A <[email protected]> wrote:

    >Originally posted by Ingo Pakleppa On 22 May 2002 13:20:05 GMT, Freddie-A
    ><[email protected]> wrote:
    >
    >Â The second issue is thornier: you would be in control of the company that
    >sponsors you. INS scrutinizes such L-1s closely, and the company absolutely cannot
    >sponsor you for a Green Card. So after five years, you would have to leave the
    >country again.
    >
    >Ingo
    >

    >
    >Dear Ingo, Thank you for your input to my issue. I really appreciate it!
    >
    >In reply to the second concern, I understand, in L1 situations, the US subsidiary
    >has to remain under control of the parent. Shareholdings will certainly be > 51%. My
    >own portion of investment may be in for of a loan.

You don't have to be a majority shareholder in order to be considered to have
substantial control, and in fact, the US subsidiary can even be independent of the
parent in some cases - for instance, joint ventures also can sometimes sponsor L-1s.
So the issue is real.

    >I will certainly be "the" executive of the US company, by definition I have to be
    >for L1A visa. Would it help if I had say 2 other directors on board so that I become
    >a minority in directors meetings?

No. But there is good news: if you qualify as an executive (for that, the US
subsidiary would have to be moderately large, you should have at least five to ten
people with college degrees reporting to you, or people who themselves have others
report to them), you don't need that company for Green Card sponsorship. As such an
executive, you can self-sponsor.

    >You can see my problem, whilst I see your point about limitations to self
    >sponsoring, I am not sure at all if one can structure it in such a way as to legally
    >eliminate their objections.
    >
    >If you know a good lawyer who can help me, I appreciate it. In a way I am lucky
    >that I can structure things in advance and I would very much like to take
    >advantage of it!

As a general rule, I try not to publicly recommend one lawyer over another because
there are quite a few very good ones in the US. Also, you may want to find a US
immigration lawyer who practices in your home country. There are some abroad; I have
heard of a few in London.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Re: L1 from a Partnership
 

Dear Igno,

Thanks for your input again.

You said you know of a few lawyers in London. Would you be kind enough to recommend a few to me (particularly if you know of somebody who is good at L1!?). My email is [email protected]

Thank you so much

Freddie

Re: L1 from a Partnership
 

I wouldn't be concerned if I were in your shoes. Here are the possibilities I would
be looking at more closely: E-2, H-1B and L-1 Your seem to qualify for all the 3
classifications. You may change to a different visa classification even if you
initially arrive on an L-1 or H-1B.

Being a UK Citizen, you could come on a Visa Waiver Program and finalize your
business registrations, start immigration process while you are in the US.

Here are a few useful links:

http://www.visapro.com/E2-Visa/E2-Investor-Visa.asp

http://www.usembassy.org.uk/cons_web/visa/forms/e02.pdf

http://www.visapro.com/L1-Visa/L1-Visa.asp

http://www.visapro.com/H1B-Visa/H1B-Visa.asp

Paul @ HelpDesk

Re: L1 from a Partnership
 

On 7 Jun 2002 13:20:12 GMT, Freddie-A <[email protected]> wrote:

    >Dear Igno,
    >
    >Thanks for your input again.
    >
    >You said you know of a few lawyers in London. Would you be kind enough to recommend
    >a few to me (particularly if you know of somebody who is good at L1!?). My email is
    >[email protected]
    >
    >Thank you so much
    >
    >Freddie

I am sorry, but I normally do not recommend lawyers. Also, while I know *of*
immigration lawyers in London, I do not know any names.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Re: L1 from a Partnership
 

On 7 Jun 2002 17:20:41 -0700, [email protected] (Paul HelpDesk) wrote:

    >I wouldn't be concerned if I were in your shoes. Here are the possibilities I would
    >be looking at more closely: E-2, H-1B and L-1 Your seem to qualify for all the 3
    >classifications. You may change to a different visa classification even if you
    >initially arrive on an L-1 or H-1B.
    >
    >Being a UK Citizen, you could come on a Visa Waiver Program and finalize your
    >business registrations, start immigration process while you are in the US.

This is pretty good advice, but warrants some additional information:

- Paul used the term "start immigration process" You cannot complete the process in
the US, but must return to the UK. Still, being in the US when you get started may
make a lot of things much easier.

- If you demonstrate the intent to get a different classification in the future,
the INS officer at the airport may not admit you into the US. So there is some
risk here.

- the visa waiver program will only allow you to come for up to 90 days, no
extension is possible. If you can't accomplish the tasks within that time, you
would be out of luck.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Re: L1 from a Partnership
 

Freddie-A wrote:

    > You said you know of a few lawyers in London. Would you be kind enough to recommend
    > a few to me (particularly if you know of somebody who is good at L1!?). My email is
    > [email protected]

Here is the best known law firm in London which specializes in U.S. immigration law:
http://www.usvisalaw.co.uk/.

Both Edward Gudeon and Kehrela Hodkinson have excellent reputations. However, you
should know that typically, the fees of lawyers in London are higher than fees of
attorneys based in the U.S., even quite good attorneys, for similar work. You may pay
a premium for location.

Also, it's not particularly difficult to work with U.S. immigration attorneys located
in the U.S., by phone, fax, email, and FedEx. It is done all the time.