L1 & Eb 1

[OberonSH]

Hi all,

One the face of it, these 2 visas look very similar, apart from the EB 1 you have to have a US business running for a year, whereas the L1 doesn't. Can anyone enlighten me as the the other differences?

Once we get things with our UK business running smoothly, we're interested in getting the US side going, so any advice on setting up an LLC would be appreciated, especially making sure it would fit in with our visa application - would we need offices or would a mail forwarder be sufficient seeing as there wouldn't be anyone physically there to run it?

[Carl]

L1 is non immigrant, EB-1 is Immigrant ( Green card )

Carl.

[McSporran]

Hi all,

One the face of it, these 2 visas look very similar, apart from the EB 1 you have to have a US business running for a year, whereas the L1 doesn't. Can anyone enlighten me as the the other differences?

Once we get things with our UK business running smoothly, we're interested in getting the US side going, so any advice on setting up an LLC would be appreciated, especially making sure it would fit in with our visa application - would we need offices or would a mail forwarder be sufficient seeing as there wouldn't be anyone physically there to run it?

Hi OberonSH,

I'm sure others will correct me if a fall here, but the US business/corporation has to show it is actively trading for at least 12 months, and I think that will involve alot more than a mail forwarder. US Staff, active accounts, tax return etc etc. www.sunbiz.org will be a useful site to look over INC's and LLC's.

But generally speaking one thing to keep in mind that that the UK and US businesses should be owned by the same people in the same % (this isnt strictly the law - as this only states "similar" - but a same is a clearer path to take if possible) - as per L1.

But indeed the EB1 (3rd category in this visa) is the one that L holders apply for (generally speaking) - it's similarity to the L1 criteria is the reason the L1 visa has a persieved covertability to green card.

Hope this helps and I didnt just teach you to suck eggs!

[Ray10]

Eb-1 is a classification ...not a visa

[McSporran]

Eb-1 is a classification ...not a visa

So?????

[JulieC]

Hi OberonSH,

But generally speaking one thing to keep in mind that that the UK and US businesses should be owned by the same people in the same % (this isnt strictly the law - as this only states "similar" - but a same is a clearer path to take if possible) - as per L1.

Do not trust the "similar".. This was the basis of our L1 renewal denial. Having got the L1 with similar but not identical shareholdings ( substantially the same) we were then denied on it on renewal/green card application. USCIS would cut us no slack for having allowed it in the first place, and it went to appeal with the AAO with caselaw that showed non identical shareholdings are allowable and they dismissed it. Make the shareholdings in both companies IDENTICAL, either that or the UK company should wholly own the US one or at very least have the majority shareholding.

[Susie]

Hi OberonSH,

I'm sure others will correct me if a fall here, but the US business/corporation has to show it is actively trading for at least 12 months, and I think that will involve alot more than a mail forwarder. US Staff, active accounts, tax return etc etc. www.sunbiz.org will be a useful site to look over INC's and LLC's.

But generally speaking one thing to keep in mind that that the UK and US businesses should be owned by the same people in the same % (this isnt strictly the law - as this only states "similar" - but a same is a clearer path to take if possible) - as per L1.

But indeed the EB1 (3rd category in this visa) is the one that L holders apply for (generally speaking) - it's similarity to the L1 criteria is the reason the L1 visa has a persieved covertability to green card.

Hope this helps and I didnt just teach you to suck eggs!

He,he,

Your such a card:)


Providing your UK company has been trading and profitable then you can apply for an L visa for a start up biz in the USA

The USA company does not have to trade for a year.

Think you may be referring to the fact that an L 1 transferee has to have worked in the UK co (in a manigerial position) for at least one year in the past 3 years to be able to apply for L visa (or rather the employer- would sponsor the employee for L visa)

[OberonSH]

Thanks all - thought it was very similar, but I really want to research every option that might be open to us - no such thing as too much info, right?!

I know we can use the L1 to go and set up, and with our sort of trade is looking the most viable - its proving impossible to find suppliers from this end - but wanted to see if it was possible whether it was a visa to consider. I don't want to get started and then be told 'Actually the XYZ visa would have been better'.

According to something I read the EB1 looks almost identical, so if you did find a way to run your business in the UK and UK concurrently, after a year you'd be better off applying for the EB1 if you wanted a permanent move, or am I missing something?

[McSporran]

He,he,

Your such a card:)


Providing your UK company has been trading and profitable then you can apply for an L visa for a start up biz in the USA

The USA company does not have to trade for a year.

Think you may be referring to the fact that an L 1 transferee has to have worked in the UK co (in a manigerial position) for at least one year in the past 3 years to be able to apply for L visa (or rather the employer- would sponsor the employee for L visa)

Thanks Susie,

But by trading for a at least a year, I meant to apply to change from L to EB1, the US company would have to trade for at least a year - which I think is right? Otherwise how would it meet all the EB1 qual's?

Julie - I agree totally idential shareholding would always be best option.

Oberon - hope this helped - Good Luck.

[Susie]

Thanks Susie,

But by trading for a at least a year, I meant to apply to change from L to EB1, the US company would have to trade for at least a year - which I think is right? Otherwise how would it meet all the EB1 qual's?

Julie - I agree totally idential shareholding would always be best option.

Oberon - hope this helped - Good Luck.

Hi McS

You have made a good point about the US co trading for a year. If the US company has been trading for a year or more (eg established co) when you apply for an L visa it is possible to obtain a 3 year L 1 on the first application


If you apply for an L1 for a start up biz in the usa then then first L 1 visa is normally only given for one year

[McSporran]

Hi Susie,

Thanks - but I'm not talking about the L.....what I mean is that before someone could apply for EB1 the US operation needs to be established for at least a year (and trading and active and all that good stuff!!).

Oberon - sorry if all this has bugger all to do with your orginal Q...but hope it helps anyway.

[OberonSH]

No problem guys, it's all stuff to consider. I'm just thinking if there was a way to get the US side going, you could go straight for EB1. You could change status to EB1 after the first year of trading on the L1, but surely there's no point, as after the year on both sides the L1 allows a GC application (providing you've got your renewal, obviously)

[davidmartin_uk]

My advice for what its worth is take a trip down to London for a day and pay the 250 quid consultation fee that London Visa Lawyers charge. If you tell them what you want to do they will give expert advice as to the best visa to go for. You get a couple of hours with them and can get everything you need answered in one go.

If you make a mistake early on and go for the wrong visa it could ruin your dreams at worse or set you back a couple of years. In the scheme of the project £250 is a small amount to pay to get it right.

Dave

[telco]

I already had a US business operating for over a year, but still had to apply for an L1, and got anly 1 year. This is the norm for L1.
I dont know of anyone who applied for an EB1 before even setting foot in the USA.

[peter gold]

L-1 intracompany transfer visas are non-immigrant visas available to persons coming to work in the US for an employer that is related to a company the applicant worked for prior to entering the US. The L-1 visa allows the transfer of managers, executives or specialized knowledge employees within an international organization. The transferred employee must have worked for the foreign company for one of the three years prior to filing the visa petition.
An L-1 visa holder may also pursue permanent residency simultaneously without a negative impact on the ability to keep or extend an L visa. This is because the doctrine of dual intent applies to L-1 visas.
Executives and managers may stay in L-1A status for up to seven years.
Persons coming to open up a new office in the US will only be granted a one-year stay in the US. CIS will also typically require additional information about the plans for the new office such as proof that office space has been obtained, that the applicant has had the appropriate experience with the foreign company and that the foreign company will remain in existence during the full period of the applicant’s transfer to the US. If the company wants to have the L-1 visa extended beyond the initial year, it will have to demonstrate at the time of extension that it has proceeded with the plans outlined in the initial petition.
The EB-1 Multinational Manager/Executive category for employment-based green cards closely resembles the L-1A visa category. The main additional requirement is that the US operation be in existence for at least a year.
Please remember there is a $500 "fraud fee" to be paid as they really are hot investigating this visa.

[DEE F]

Good post Peter very informative.

Dee x

[OberonSH]

Thanks Peter, a goldmine as usual!

As most of you know we'd alredy started looking at the L1 and using it to open up on the US side, but if we can find a way of operating the US side 'remotely' or with minimal help on that side we thought the EB1 would be a good route.