L1A help. Business owner..

E

ewalker

Registered Users (C)
Hi,

This is my first post, but I always read this forum and it´s a really good forum!

Well, I´m 27 married, have a 2 year son and we are all brazilian. My father is an US citizen (he came to Brazil when he was 7) and on September 2007 my father filled a i-130 (CP) for me and my family. So now I´m on a 8-10 year wait for my F3 GC number become current. I don´t want to wait that long to imigrate to US.

I have a company here in Brazil, with 20 employees and U$ 600k/year sells. I have 75% of this company, so I´m thinking that maybe I can open an US subsidiary (LLC?) and do business for 1 year (using US citizens employers of course, because I´ll be on visitor visa) and after that fill a L1a for my self. Is that possible? Is my company in Brazil big enough to ask for L1? The other alternative is try GC entrepreneur.. but I think that will be harder ($1M to invest etc) I don´t want H1b.

I´ll appreciate any help!!

Thanks

eWalker
 
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After I get a L1A can I file a i140 - i485 for my self (my company to myself)? THere is any successful histories like this here?
 
Ewalker,

You can certainly open a US subsidiary for your company and come to the US and work on L-1 visa. The L-1 visa also allows you to come to the US and establish the "new office" so you can actually start working and managing the new US business on day 1.

Best of luck-
 
thanks for your help! I was wondering if my company in abroad is big enough for that. Is there a minimum size for that?
 
Does anybody here actualy got the L1A for 1 year to open new office? How is the process to get the extension after the 1 year visa? How big the business must be to obtain the next 3 year extension? My concern now it´s about this extension... I read somewhere that the 1 year L1a it´s the easy part.
Don´t know if that´s true but would be really good to hear real experience in this type of visa.
 
The first year (new office) extension is the most difficult one. At the initial L-1 petition all you have to do (basically) is to show a business plan for the new company and lease (purchase) contract of the company's premises. But in the first year extension, you need to prove that the business is progressed as stated in the original business plan, including number of people hired, income generated during the first year of business, expense incurred during the course of business, etc. I would say if the new company doesn't have premises leased or puchased under the name of the new company, didn't generate much income to show (at least) the existence of actual business, and doesn't have any employees other than yourself, your first year extension will certainly be questioned. There is no predetermined threshhold as to what makes the first year extension approvable, but you have to prove that the new business is progressed enough to warrant the necessity of your stay in the U.S.
 
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