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Need clarifications regarding L-1A

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  • Need clarifications regarding L-1A

    I just sold my company and I’m ready to start a new company in my own country, and then I eager to start the same business also in the US.
    I am considering the L-1A visa, that will also offer me a way to get a green card after the first year. Indeed, I would like not also to work for my own company in the US, but to live there too.
    I read all the info about L-1A, and before start the business I want to make sure that I’m doing the right thing in order to apply for the visa.
    I need some clarifications about:

    Beneficiary of L1 visa
    Can I apply if I am the owner of the company? Or the beneficiary for the L1 visa are only executive, manager and specialized knowledge employees?

    Foreign Company
    Foreign company must have been in operation for at least one year, did I understand right?
    How many employees should the company have? I read that it should employ at least 2 individuals, is that right?
    What should be the annual sales volume/gross revenues?

    US Company
    How much do I have to invest in the new company?
    How many employees should I have to hire in one year?

    Visa Application
    In order to apply for the visa, do I have to create the company in the US before, or I will get the visa before I actually open a company?
    Processing time of visa by the USCIS?
    How long can I stay outside the US? I’m asking this question in the case I have to go back my own country to take care of some business.

    Visa Extension
    How much should be the revenue of the US company for the first year in order to apply for the L-1 extension?
    How many employees should I have after one year?

    Green Card
    After the visa extension is approve, can I apply for the green card?
    Processing time?
    Will the green card has conditions to remove?

    Anyone can help me? Many thanks in advance.

  • #2
    Originally posted by gaiarota View Post
    I just sold my company and I’m ready to start a new company in my own country, and then I eager to start the same business also in the US.
    I am considering the L-1A visa, that will also offer me a way to get a green card after the first year. Indeed, I would like not also to work for my own company in the US, but to live there too.
    I read all the info about L-1A, and before start the business I want to make sure that I’m doing the right thing in order to apply for the visa.
    I need some clarifications about:

    Beneficiary of L1 visa
    Can I apply if I am the owner of the company? Or the beneficiary for the L1 visa are only executive, manager and specialized knowledge employees?

    Foreign Company
    Foreign company must have been in operation for at least one year, did I understand right?
    How many employees should the company have? I read that it should employ at least 2 individuals, is that right?
    What should be the annual sales volume/gross revenues?

    US Company
    How much do I have to invest in the new company?
    How many employees should I have to hire in one year?

    Visa Application
    In order to apply for the visa, do I have to create the company in the US before, or I will get the visa before I actually open a company?
    Processing time of visa by the USCIS?
    How long can I stay outside the US? I’m asking this question in the case I have to go back my own country to take care of some business.

    Visa Extension
    How much should be the revenue of the US company for the first year in order to apply for the L-1 extension?
    How many employees should I have after one year?

    Green Card
    After the visa extension is approve, can I apply for the green card?
    Processing time?
    Will the green card has conditions to remove?

    Anyone can help me? Many thanks in advance.
    You should approach an immigration attorney to go through the plan you are envisaging. I dont think L1A suits the requirement, as that involves having entities both in US and abroad, and proof of suitable business being done between the two. Even if new office is being opened in US, one needs suitable space, its not going to be possible to justify L1 visa for a 2 Member company.

    E1, E2 or EB-5 sounds more suitable.




    This is my opinion not legal advice.

    Comment


    • #3
      I didn't say that the company will be a 2 member company. I asked how many employees should the company have. For the first year I'm planning to hire minimum 3 employees. Since I read that L1A visa can be work if the foreign company has at least 2 employees, I just asked if someone can ensure me that what I read is right.
      Of course I have to meet an immigration attorney, but before I want to gather all the info I can to go to the appointment already prepare to ask specific questions.
      I post my questions here because I hope that someone who already took this path can help me to clear my doubts.
      Thanks

      Comment


      • #4
        Originally posted by gaiarota View Post
        I didn't say that the company will be a 2 member company. I asked how many employees should the company have. For the first year I'm planning to hire minimum 3 employees. Since I read that L1A visa can be work if the foreign company has at least 2 employees, I just asked if someone can ensure me that what I read is right.
        Of course I have to meet an immigration attorney, but before I want to gather all the info I can to go to the appointment already prepare to ask specific questions.
        I post my questions here because I hope that someone who already took this path can help me to clear my doubts.
        Thanks
        I understand , it was never my intention to mean otherwise. Lets hope someone who took this path comes forward to share their experience here.

        This is my opinion not legal advice.

        Comment


        • #5
          Hi
          What answers did u find to your questions...can you share so that it helps others?

          Comment


          • #6
            Originally posted by life2010 View Post
            Hi
            What answers did u find to your questions...can you share so that it helps others?
            I’m still looking for answers to my questions… Let me explain better: I’ve been searching online and I found some answers on attorney’s websites, but I posted my questions here because I hope that someone can ensure what I read , but so far nobody didn’t..

            This is what I understood:
            - Owner can apply for a L1A visa
            - Foreign company have to do busines for 1 year, then you can apply for the visa; company should be at least a 2 member company; company must be in good shape (it’s not clear if there is a specific number for sales or revenue…)
            - There’s no number for the investment of the new company, but you should invest according to your kind of business; when you apply for the visa you should plan to hire at least one employee, I’m not sure how many employees should the company has after the first year; revenue after one year not specified

            I don’t know the answer for the other questions:
            - In order to apply for the visa, do I have to create the company in the US before, or I will get the visa before I actually open a company?
            - Processing time of visa by the USCIS?
            - How long can I stay outside the US? I’m asking this question in the case I have to go back my own country to take care of some business.
            - After the visa extension is approve, can I apply for the green card?
            - Processing time?
            - Will the green card has conditions to remove?

            Hopefully someone can answer them…

            Comment

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