Hypothetical question # 1

[dip your toe]

Can you expand your E2 business by opening an overseas branch?

[peter gold]

You can but it will not help your renewals unless it creates more employment for US workers

[chris]

It may not help the E2 scenario ...what does these days ..sainthood??? But it could help create the scenario for an L1 application as you would then satisfy the criteria for an L1 to the USA, that is a real business in your home country plus another real enterprise in the US.

[dip your toe]

Taking on board the replies from Peter and Chris, and I understand about the US employee situation. Could you sell part of your E2 business and use the procedes for a 1031 exchange in another country?

[McSporran]

It may not help the E2 scenario ...what does these days ..sainthood??? But it could help create the scenario for an L1 application as you would then satisfy the criteria for an L1 to the USA, that is a real business in your home country plus another real enterprise in the US.

No Chris - not unless they then left the US and WORKED in that overseas branch for more than 12 months.

[Arthur Mo]

No Chris - not unless they then left the US and WORKED in that overseas branch for more than 12 months.

Another Technical Question Then ...........

Can you still work for the overseas company whilst based in the US and you would be paid in the UK in GBP. Where does it state the location of the employee in the regs.

It is possible to run a UK company from the USA using computers, fax and phone as I have done this now for many years although sometimes getting up at 3am is a pain in the a..

[JulieC]

I remember someone trying what you suggest years ago, Arthur. They were physically here but running a business in the UK by remote and tried to get L1. It didnt work!

[Susie]

Can you expand your E2 business by opening an overseas branch?


In simple terms yes you can,

This would help when it comes to a renewal if a success .

That said if the over seas company became really successful it would be worth moving back to the UK for a year and applying for L visa


You could reside in the UK as manager and still visit spouse in the US so long as you did not spend more that 182 in the states

[McSporran]

Another Technical Question Then ...........

Can you still work for the overseas company whilst based in the US and you would be paid in the UK in GBP. Where does it state the location of the employee in the regs.

It is possible to run a UK company from the USA using computers, fax and phone as I have done this now for many years although sometimes getting up at 3am is a pain in the a..

I know its physically possible to do Arthur - I've done so for many years myself...but that in an of itself will not get you to L visa....I'm on an L visa (and my company and before that my parent shipping company use these all the time) so I do know alittle about this route!! somewhere in the regs (forgive me I'm not the legal eagle on here...nor do I want to be)...but it does state that you must work outside the US in a senior manager or executive capacity for 12 consecutive months in the preceeding 3 years...your I-94's will clearly show when you have and have not been in the US...talk to an attorney/visa consultant if you dont believe me.

[dip your toe]

Anyone any thoughts or knowledge on what the 1031 exchange situation would be on selling part of your US business and opening up an overseas branch?

[McSporran]

Anyone any thoughts or knowledge on what the 1031 exchange situation would be on selling part of your US business and opening up an overseas branch?

Sorry DYT dont know much about this one...perhaps and accounting type bod would know more?