Open a company in Vermont for Fast Labor Approval?

J

jaisharma_99

Registered Users (C)
I work for an employer in NJ. Applied for Labor in oct 2003. But I don’t think there is any hope for next 2-3 years to get it approved, unless a miracle happens.

I wanted to convince my employer to open up an office in Vermont, as you know Labor is current there.

Does any body has any experience doing that?
What is the cheapest method to open a company with least expenditure? And how much?
Does my employer has to file Vermont taxes also after office is opened?
Does Mail-Box-Etcetera address works?
Any complexities?

Is it worth doing or I am just spinning my wheels for vain. Please suggest.
Thanks in advance UNITEDNATIONS, I know you can help me. :p

Thanks everyone
 
> What is the cheapest method to open a company with least expenditure?

LLC or a C-corporation in your case as a subsidiary of your employers company.
(Your employer might be able to 'qualify' his company to do business in VT, he then could open a local 'office' without beeing incorporated in the state)

> And how much?

Some states require a lawyer to file the incorporation paperwork. A couple of $100 at least.

> Does my employer has to file Vermont taxes

Some states have a something called a 'franchise tax' which has to be paid annually (couple of $100s). Also, the usual corporate tax returns will have to be filed.

> Does Mail-Box-Etcetera address works?

That is how the entire state of Delaware and the countries of Cayman Islands and the islands of Guernsey and Jersey (not New) work.

> Any complexities?

Well, if the goverment thinks that you formed a company just to get a GC, they might find that you committed immigration fraud and deport you. That is about the worst thing that can happen to you.

(More likely scenario: The state labor office will query the state corporation database and their own records on how many employees your company is paying unemployment insurance on. Once they realize that your company is just a mailbox, they might question whether there is an actual job you are seeking LC for and deny it)

The DOL people btw know pretty well about the games that are beeing played. Don't underestimate them, considering some of the c__ people are pulling to get LC's, it is remarkable how 'benevolent' they still are.


And btw., how are you going to handle the I140 stage ? Is your employer willing to dump a year salary worth of assets into your construct to pass the 'ability to pay proffered salary' test ?
 
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cracking down

I have seen some posts, where it was rejected as they found no office. Lots of ham and egger type companies tried this in Delaware and Iowa and it used to work, but they are getting clever. Very risky !
 
Thanks hadron for your reply, I have following questions

>Also, the usual corporate tax returns will have to be filed.

If the company is filing $1000 corporate tax in NJ on 100,000 profit. Does it need to file $1000 on NJ profits in VT? Or it just need to file corporate taxes in VT on the profit which it makes in VT?


>And btw., how are you going to handle the I140 stage ? Is your employer willing to dump a year salary worth of assets into your construct to pass the 'ability to pay proffered salary' test ?

My company currently based in NJ and makes good profits and has good assets, can't we show/use NJ profits/assets at the time of 140. If not then how other companies in Delaware and other state workout this situation.
Please comment.
Thanks
 
> Or it just need to file corporate taxes in VT on the profit which it makes
> in VT?

There are a couple of accountants floating around here, I really couldn't tell.

> can't we show/use NJ profits/assets at the time of 140.

I guess if your employer qualifies with the secretary of state in VT and opens an office there, the NJ returns should be fine. If you form a separate company, you would probably provide the VT returns/accountants statements.

I'm just saying, be careful with this type of constructs, if they find out at the I140 stage that your office doesn't exist your whole case is toast.
 
Don't forget that PERM is supposed to be in place "any day now". This is supposed to dramatically reduce the waiting times for LC (and will also potentially make it much harder to prove there is no qualifed US candidate for many jobs...).

I'm not sure how serious you are about trying to set up another branch for your company but it would be a shame to do this only to have PERM go live shortly after and cut the LC times to 90 days or so everywhere...

And don't forget that even if you manage to reduce the state times (are these really 2-3 years in NJ?), you will still have to deal with the regional times (presumably Philly DOL) which were around 2 months when I went through them.

ETA
 
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