More questions about L1 requirements

[OberonSH]

Hi guys, you're gonna get so sick of me!

At what point does the embassy consider a business in the UK 'running' for the year's trading before being eligible to sponsor for L1? The date it started processing orders, the date it buys webspace (in a webbased commerce setup) or is it just safer to make it a limited company and start the year from that date?

Als I read somewhere recently that a UK company can buy an already established US business, and as long as the US business has been runnign over a year (before te takeover), that trading time counts towards the year you need under your belt before you can pursue GC on an L1. Any thoughts? The document was a few years old, so I wondered if anyone else had experience of this.

[floridawolfes]

Hi. As far as I understand it you have to have been a director/owner for at least 1 of the last 3 years, for the U.K. company. When you apply you will submit, proof of ownership, share details, company registration etc. sales/purchase invoices, bank statements, proof you own/lease the premises. They may ask for pictures of the premises, with fixtures and fittings. The U.K. company also needs to carry on paying wages.

I dont know about buying an established U.S. business, sorry.

The one thing I know about L1 to Green Card is that the company needs to be able to make enough money to pay the L1 holder as well as employees. There is probably more to it than that.

I may be wrong, but this is how I understand it !!!

[JulieC]

It is the manager who is transferring out who must have been employed by the sponsorring company for one year so one year from when he or she was taken on the payroll. You need to set up a US subsidiary or affiliate of the Uk company and that needs to have traded for a year before applying for green card. Any time when a business which you may purchase was owned by another company wouldnt count.

[OberonSH]

Cheers guys. We're trying to find a way around being able to sell our shop to raise the money, and still having a UK company. The web based Little Taste Of Home is a sole trader setup, and as it's web based there's no premises etc. I think my best way forward is to make it a Ltd compnay, and then I'll have the registration dates etc.

I didn;t think any time the US company was in someone elses hands counted. I read it in a guide to moving to the states, but the copy is from about 5 years ago.

[JulieC]

Remember they ask to see employees for the UK business, not you if you are transferring out. They have tightened up considerably on L1 recently, what got through five years ago wont today. Ask one who knows! There is no point in getting the visa if you dont get renewed after a year as happened with us.

[OberonSH]

Got it. With our type of thing it's a bit tricky - don;t need that many people but am confident we'll get the required number before too long.

[Sharon]

I think it better that you have three years trading accounts and show a profit before applying for an L visa, just my thoughts and do not know whether there are any published rules on this though

[McSporran]

Remember they ask to see employees for the UK business, not you if you are transferring out. They have tightened up considerably on L1 recently, what got through five years ago wont today. Ask one who knows! There is no point in getting the visa if you dont get renewed after a year as happened with us.

I couldn't agree more with you here Julie, they dont really care about the financials, they only use these to check the business is trading - but do look at the numbers of emloyees very much, at both the initial application...but even harder at renewal.
I believe this is because you cant be the one undertaking the day to day duties of the business...you have to show you are the one managing the executive responsibilities.

[OberonSH]

Well as an update, we got our business incorporated today as 'Little Taste Of Home Ltd'. Ooh, playing with the big boys now. Plus it gives us a definate date to give the Ebassy people. So our year countdown (as in UK side up and trading) has started!! Got some staff lined up, and spent all arvo working on a new site, as the current one has b*ggered itself up. Got a good feeling.

Bit scary now we actually have some sort of timescale in place, instead of 'one day, one day'. So hoepfully we'll be seeing you all Xmas after next!!

[Kriz1]

Countdowns are scary...ours is still on hold...good luck...:)

[Carol]

Hi guys, you're gonna get so sick of me!

At what point does the embassy consider a business in the UK 'running' for the year's trading before being eligible to sponsor for L1? The date it started processing orders, the date it buys webspace (in a webbased commerce setup) or is it just safer to make it a limited company and start the year from that date?

Als I read somewhere recently that a UK company can buy an already established US business, and as long as the US business has been runnign over a year (before te takeover), that trading time counts towards the year you need under your belt before you can pursue GC on an L1. Any thoughts? The document was a few years old, so I wondered if anyone else had experience of this.

Hi
As I understood it when we applied for our visa (L-1) I had to be at my UK company for at least 12months prior, and yes I had to be able to prove it with accounts tax returns ect...
Good luck

[Carol]

Ooo!! and I had to show who was going to take over from me in the UK, they wanted a list of all employee's and job descriptions!!!!

[tracifrost]

i cant believe this! what they ask for, maybe those guys at immigration REALLY overlooked our case, or we were just VERY VERY LUCKY!!!!
they did not ask employees, payroll and tons of other things that L1's have to supply that we didnt??

[Dustin]

Trust me we have two piles of paper work for our application about 6" thick with just about everything possible that they could ever ask for. And guess what??? After expediting our application 10 months later we may have a chance of our second interview at the London embassy to get the remainder of the visa. (4 to 8 weeks if we are lucky?) Good luck! Just go on the basis of giving them all the information people have said and whatever you can possibly think of that they may ask about you case because they are doing their job and they will do it properly.

I think you must always give them all the information so you are upfront with them, we done this and have found it to go against us! BUT I know we have not hidden anything and gave it to them straight. For this I DO feel better.

Regards

Dustin
:angel: