View Full Version : L1A New Office
Ploni
03-07-2011, 04:19 AM
Hi to all, this is my first post here.
I run a manufacturing business in Australia, and have done so for the past 20 years. We have 8 full time and 10 part-time employees. Myself and my family are looking to relocate th the USA and we are considering the L1A new office visa.
My main concern is the renewal after the first year. A manufacturing business takes time to install machines, train employees, get contracts etc. I'm not sure how realistic this is to do within one year.
What do the USCIS actually expect after 1 year on the L1A? Would a warehouse, 3-4 employees and $200,000 of machines satisfy them? What turnover and profit would the need to see? What would our options be in the event the L1A extension was rejected?
Hi to all, this is my first post here.
I run a manufacturing business in Australia, and have done so for the past 20 years. We have 8 full time and 10 part-time employees. Myself and my family are looking to relocate th the USA and we are considering the L1A new office visa.
My main concern is the renewal after the first year. A manufacturing business takes time to install machines, train employees, get contracts etc. I'm not sure how realistic this is to do within one year.
What do the USCIS actually expect after 1 year on the L1A? Would a warehouse, 3-4 employees and $200,000 of machines satisfy them? What turnover and profit would the need to see? What would our options be in the event the L1A extension was rejected?
You will need a qualified Manager to releive you of any non executive duties, you can get a renewal on 3 or 4 staff members, just make sure you have an up to date payroll when you file for the renewal. you will need to show a premesis before you file for your initial Visa and also the funds to show that your Australian business can support the set up of the USA business, although there are no figures that you have to invest on an L1. The advantage is that after oe year you can apply for Green card, but you will still need to apply for the extension as well.
Hope that helps.
Carl.
Ploni
03-07-2011, 01:50 PM
Thanks Carl. I thought that you might be the one to answer me ;)
Another thought occurred to me. If a US company (with 20 employees) in my industry would take a 50% stake in my foreign business, would they be able to transfer me to an executive level job at their US Office?
Would they be able to sponsor me for a green card while still in Australia via EB1C? Would I need to continue in my present roll for another 12 months overseas after the US company takes a controlling stake or would my being am executive for the previous period count?
If you have held that position in the US company for more than one year in teh past three years then you could come over on a Green card. But the qualifying link would have to be present for at least one year.
Carl.
mr&mrssunshine
03-07-2011, 08:50 PM
one point - you can apply for a GC at any time once you arrive on an L1 -you dont have to wait a year
one point - you can apply for a GC at any time once you arrive on an L1 -you dont have to wait a year
Only if the company has been trading FULLY with a full structure of management and staff for at least 1 year
Ploni
03-09-2011, 09:29 AM
What happens if the new office would be a joint venture owned 50/50 by the foreign company and an existing (15 year old) USA company. Would it still be considered a new office and receive only a 1 year initial visa?
mr&mrssunshine
03-09-2011, 10:54 AM
double check- i belive the foreign company has to be the majority (min 51%) share holder
Ploni
03-09-2011, 11:56 AM
Ok let's say for arguements sake 51/49. But would the JV be considered a new office and hence only get an initial 1 year L1?
If the qualifying link has been there for less than one year.
Ploni
03-11-2011, 12:17 AM
I have a few more questions, if you don't mind:
1) The L1A, new office visa is for one year. When does that time start, on approval, on on first arrival into the USA?
2) In the case of the JV, where the link has been for one year, the JV is still a new business, though both partners are existing business. So you are saying that the executive running the new office (the new JV entity) with no employees and no turnover, will be granted a 3 year visa?
Susie
03-11-2011, 12:36 AM
What happens if the new office would be a joint venture owned 50/50 by the foreign company and an existing (15 year old) USA company. Would it still be considered a new office and receive only a 1 year initial visa?
Hi
The new office/company would have to have the exact same share ratio as the uk corporation
The American embassy only ever gives a one year L1, imho I would apply to renew L1 and a green card
L1's are becoming more and more difficult to get and are being looked into more in-depth these days
YOur initial L1 would start from the date you put on the application that you want it to start. if you get it afterwards, you lose the time.
Ploni
03-12-2011, 12:00 PM
Thanks. So if we need time to make the move we could go with premium processing and say we wanted to start say in 4 months time?
Yes you can , but if you are looking that far ahead I wouldnt bother with premium processing.
Ploni
03-13-2011, 01:05 AM
The reason I said premium processing was so we could start preparations to leave with certainty that we had the visa. If we wait for regular processing we could only start selling our house etc receiving the visa and after the 1 year period starting counting down. 12 months is a very short time to get a business to managers of managers stage, let alone 8-9 months
Ploni
03-13-2011, 01:10 AM
One more question: if we register the US business and run it initially over the net, then say 8 months later apply for the L1A, can we apply for a greencard 4 months later if we have satisfied the employment guidelines, since the business will then be 12 months old?
mr&mrssunshine
03-13-2011, 11:30 AM
my take is YES
One more question: if we register the US business and run it initially over the net, then say 8 months later apply for the L1A, can we apply for a greencard 4 months later if we have satisfied the employment guidelines, since the business will then be 12 months old?
No as it would not be active, inless you had a qualified manager and a payroll and the business was active. You cant just register it and wait unfortunately, unless you have the above ingredients it will be a new business and will fall under that catagory.
peter gold
03-13-2011, 02:39 PM
I agree with Carl on this
mr&mrssunshine
03-13-2011, 02:41 PM
he does say 'run it' rather than just lie dormant. if its the latter i agree
He says Run it over the Net, So i am guessing he means to literealy do that without any manager etc.
Ploni
03-14-2011, 12:21 AM
Yes by run it I mean "doing business", buying and selling, but no USA based emoyees until we arrive and start employing people. I understood that managers Amd emoyees were only required for the visa extension. So I reasoned that the managers and emoyees were not required for a full 12 months.
Yes by run it I mean "doing business", buying and selling, but no USA based emoyees until we arrive and start employing people. I understood that managers Amd emoyees were only required for the visa extension. So I reasoned that the managers and emoyees were not required for a full 12 months.
You have to be relieved of any non executive duties by 6 months, so you would need some employee's. You could try it, it might work, but I dont think it will as you will have no payroll and so it would be treated as a new office by USCIS, I understand the principle and logic that you are looking at but if it worked then people would skip the L1 and get a greencard to start with.
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