UK to US on L1

J

joelmoss

New Member
I am new to these forums, so please be gentle with me. Here is the situation;

I am the sole trader of a UK business that has been trading for 5 years now. Me and my family would very much like to live and work in the US. It seems to me that the best chance of this happenning would be via an L1 visa. So these are my questions:

1. Would it be simply a process of creating a new subsidiary of my business in the US.
2. Would I have to keep both subsidiarries running in both countries?
3. Does there have to be an employee in each country?
4. What other requirements are there for me?

Any and all help would be very much appreciated.

Thanks.
 
Here are some of the answers. As always, consult an attorney to get advice on the right course of action:
1. Yes, but trade/ business needs to substantial. If you go for an L1, you probably only get a one year visa to get the business started. You'll need to apply for extension after that.
2. I'm not sure. It seems that you need to satisfy the general L1 rules when you apply. You can imagine situations in which the original company goes out of business while the new US based entity still exists.
3. The new entity can have one employee: you as the person starting the business
4. There are serious limitations in getting a greencard when you own a majority of this company (i.e. self sponsoring). You need to consult an attorney. Alternatively you can file for an E1/ E2 visa which does not have a requirement of a one year employment at the company in your home country. The E visa can be valid indefinitely (renewed every 5 years), but also has limitations in getting a greencard and your children will lose there E status when they turn 18. Please let me know if you have any questions or need a clarification.
 
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