L1 Visa Advice

[Florida2B]

Hi all,

Another newbie!

Just a quick question on L1 Visa's-

I currently own a business in the UK and am looking at expanding it, by this i mean opening a branch in the US. Now from what i've read i can do this on an L visa providing that the UK business continues to run for the first year of being in the US. I have a good manager in which i trust to do this for me while i work hard to build the business in the states.

My main question is does the UK company need to be turning over a certain amount of money per year?

Secondly, do i have the right understanding of the L visa?

I am no expert and have just started looking into it, so any help would be appreciated.

Thanks

[mr&mrssunshine]

yes in principle your understanding of the L1 is correct.
you must have owned the UK business for a minimum of 12 months (plus any time spent in the US during that 12 mo)
the criteria for the UK company is not set in stone -so if it makes XX profit its ok but if x then not.
the general rule of thumb is it should have 3-4 employees in which case i guess the turnover should be £250k pa plus.

there are are number of criteria for the US compnay on an L1, you need to lease a seperate office and show that you are going to employ US citizens. it wont qualify if you plan on just employing you alone. After 1 year you need to re-apply. At some stage you can apply for a green card -only then can you close the Uk side.

you need a good attorney. we have one i can recommend if you want to DM me.

[CAbound2010]

the general rule of thumb is it should have 3-4 employees in which case i guess the turnover should be £250k pa plus.

that is not a general rule of thumb it just makes a case easier for an immigration attorney:)

At some stage you can apply for a green card -only then can you close the Uk side.
you can apply for green card straight away after arriving in the US

you need a good attorney. we have one i can recommend if you want to DM me.

[Florida2B]

Hi, Thank you for your replies. Another question....
If we arrive in the U.S with our L visas and we apply for our green cards strait away, is it true the application can take 4-5 months? Is there any other criteria we'd need to meet (whilst on an L visa) in order to apply for a green card?

[anniefromessex]

Sorry, I beg to differ here although I'm sure someone will put me straight on this. Didn't think you could apply straightaway - surely you need to show some growth. We applied pretty quickly in the scheme of things - Carl, am I right? Whats the point of going through the whole rigmarole of the Visa if you haven't proven yourself?

Love Anniexxx

[mr&mrssunshine]

as i understand it the L1 is not a permanent residency 'permit' you go with the intent of leaving. IF of course you then change your mind, you apply for a GC.

whilst i THINK you can apply straight away, it could possibly be intepreted that you always intend not to return and thus your visa application was 'fraudulent'.

i dont think there is a set time frame but 2-3 months mightbe advisable.

whilst the L1 is a great visa the problem appears to be there are no clearly defined guidelines

[CAbound2010]

as i understand it the L1 is not a permanent residency 'permit' you go with the intent of leaving. IF of course you then change your mind, you apply for a GC.

whilst i THINK you can apply straight away, it could possibly be intepreted that you always intend not to return and thus your visa application was 'fraudulent'.

i dont think there is a set time frame but 2-3 months mightbe advisable.

whilst the L1 is a great visa the problem appears to be there are no clearly defined guidelines

No, L1 is a dual intent visa:) which means that although its under non-immigrant category, it can convert to a green card.
You can apply for a green card almost immediately after you step off the plane:)
BUT you have to meet certain criteria, in order to be able have at least a successful application, ie a number of staff, 'the number' can be anything from 2 to 202!
But make sure you can prove that you are in a managerial position ie, 'managing' otherwise and most recently (this has been happening a lot!)
your out.

[Carl]

Sorry, I beg to differ here although I'm sure someone will put me straight on this. Didn't think you could apply straightaway - surely you need to show some growth. We applied pretty quickly in the scheme of things - Carl, am I right? Whats the point of going through the whole rigmarole of the Visa if you haven't proven yourself?

Love Anniexxx

HI Annie

The United states business must have been running for at least one year, and yes your right, it must show that it is a viable business and has growth or at least growth potential, the L1 is a dual intent visa, but you have to prove the need for the applicatnt to be here permanently, they dont just give it without some kind of incentive to the United States. So you do need a reasonable sized business, thats not to say you need 200 employees or anything like that, just the amount that is needed to make the business work. But in theory, if your business here has been running for at least one year and you fit all the rest of teh requirments, then you could enter on an L1 and then apply for a green card straight away. most of us come here on a new business so we have to wait that year before we can apply.

Carl.

[mr&mrssunshine]

carl much as i hate to say it as you always seem very on the ball, the legal advice i have had is that you are not correct and you can apply in less than a year

[peter gold]

You can apply in less than a year as it is a dual intent visa but you would be ill advised to do so unless you like wasting money of the company is called Microsoft

[Carl]

Interesting, I was going from the I-140 application instructions, it says:
C. The prospective U.S Employer has been doing business for at least one year; and

D. The Alien is to be employed in the United States in a Managerial or Executive Capacity.

I didnt realize that you could do it outside of those perimiters. good to know.

Carl.

[Ray10]

To clear this point up...
The company applies for the green card
the company should have been in operation for 12 months plus

The employee could have arrived the previous week
his chances of getting the GC are very minimal

remember is called the Intra company transfer for a reason ..it was never designed for small business

with the continued pressure on the HIB expect the Indian to hit the L
hard this year

[mr&mrssunshine]

interesting opinions, i will check back with our attorney but we have been told you can 'change your mind' and decide to apply for the GC (we are the business owners) after a 'short while'. in any event our US company started in Jan so we will have a few months under the belt when we apply/obtain (hopefully) the L1.

ray have you seen/do you have the 'operation for 12 month ' in writing anywhere please ?

[telco]

interesting opinions, i will check back with our attorney but we have been told you can 'change your mind' and decide to apply for the GC (we are the business owners) after a 'short while'. in any event our US company started in Jan so we will have a few months under the belt when we apply/obtain (hopefully) the L1.

ray have you seen/do you have the 'operation for 12 month ' in writing anywhere please ?

Would it not be worth the outcome to be on the L1 for a year and then apply for GC and L1 renewal at the same time?
Jumping in for the GC early may jepordize your future plans...
Why the rush? If you think Biz is not strong enough for a year in trading, then you are wasting your time period...

[mr&mrssunshine]

we may well wait, it will depend on what the attorney recommends. but yes we are more than happy the company will be trading sufficiently. I just want that GC in my hand !!!

[telco]

we may well wait, it will depend on what the attorney recommends. but yes we are more than happy the company will be trading sufficiently. I just want that GC in my hand !!!

I understand that, but best advice anyone here can give, is play by the rules. Do what others have done before you, then before you know it, the GC will be in your hands.

Trying to get in fast is not always the way to proceed. Also for your own good. Come spend a year living and working, then decide if the cost of GC etc.. is what you really want.

[CAbound2010]

It seems so far, by what I have read, and heard
that Possibly THE MOST HARDEST THING to DO whilst on an L1 is to prove that you are employed in a managerial capacity.
on another forum there has been ANOTHER request for evidence from immigration regarding this situation that seems to me, keeps cropping up over and over again.
And it looks like :( most renewals are not successful because of this reason alone.

[peter gold]

You have to be employed in a managerial executive capacit and the business must justify your employment in that capacity
There has been so much abuse of the L visa a few years ago they introduced a $500 additional fee to ceover the costs of investigating frauds.
Easy to get initial grant in days then chances of a renewal are very slim unless the business and applicant exactly fit the vsia requirements
My advice has always been follow THEIR rules exactly or you will in due course face disappointment.

[CAbound2010]

You have to be employed in a managerial executive capacit and the business must justify your employment in that capacity
There has been so much abuse of the L visa a few years ago they introduced a $500 additional fee to ceover the costs of investigating frauds.
Easy to get initial grant in days then chances of a renewal are very slim unless the business and applicant exactly fit the vsia requirements
My advice has always been follow THEIR rules exactly or you will in due course face disappointment.

I make you correct Peter, but its very hard to 'follow THEIR rules' when on an L1 particularly nothing is set in stone.
They do not state, you must have within 3 months 2 staff members
one must wear red shorts, the other must wear blue shorts, then on month 6 a further 2 more staff, both staff to wear green shorts:p
Then your job duties must include, ABC exactly as detailed below.......
your staff job duties must include...........

Thats it!! to say that the L1 visa is open to interpretation of 'their rules' doesnt even come close! and i think thats what people are having issues with, ie being renewed. Because if there were rules or guidlines people would follow them, but on the L1 (other than basics like an office) there simply isnt.
So everyone is juggling and playing guessing games.:)

[mr&mrssunshine]

the renewal is meant to be far harder then the initial application. thasts why we want to start the GC process ASAP

[anniefromessex]

For Gods sake people, just get the L Visa build your business and if you are good enough you will get your renewal and then you can apply for your Green Cards. I know many people who have been there for a few years before they are granted this piece of gold.

I have been on this site for quite a while now and even though I don't know all the ins and outs of things, I do know that we got our Green Cards without my husband ever having attended an interview at the Embassy in London. He was lucky, it was just the way things worked for us but reading posts from CABound, Mr & Mrs Sunshine even though your Attorneys tell you this that and the other, they REALLY don't know. Its in the lap of the Gods unfortunately and even though they may tell you the rights and wrongs, until you are in front of that person in London NOBODY can give you any guarantees, even with the best will in the world!!

Hate to burst your bubble but having read posts from both of you over a period of time, nothing is cut and dried - you may be lucky who knows - none of us know until we are face to face with the guy at the counter in London, we just have to do the best we can and the Green Card (hopefully) comes later.

Love Anniexxx

[CAbound2010]

For Gods sake people, just get the L Visa build your business and if you are good enough you will get your renewal and then you can apply for your Green Cards. I know many people who have been there for a few years before they are granted this piece of gold.

I have been on this site for quite a while now and even though I don't know all the ins and outs of things, I do know that we got our Green Cards without my husband ever having attended an interview at the Embassy in London. He was lucky, it was just the way things worked for us but reading posts from CABound, Mr & Mrs Sunshine even though your Attorneys tell you this that and the other, they REALLY don't know. Its in the lap of the Gods unfortunately and even though they may tell you the rights and wrongs, until you are in front of that person in London NOBODY can give you any guarantees, even with the best will in the world!!

Hate to burst your bubble but having read posts from both of you over a period of time, nothing is cut and dried - you may be lucky who knows - none of us know until we are face to face with the guy at the counter in London, we just have to do the best we can and the Green Card (hopefully) comes later.

Love Anniexxx

Thanks Annie:)
thats part of the reason why I love this forum its more intimate and people have gone through, or going through what seems to be like a war zone with the visas:)
Im just trying to read and research as much as I can so at least we are prepared.
But on that note, I have heard and read this many times that a green card is apparantly easier to be approved, than say the L1 renewal:confused:
So for us, i think we will apply for both at the same time, to be as safe as we possibly can. But I think we will do the green card processing in America as opposed to going to London.
Thanks again Annie:)