L1A New Office Renewal Questions

[Nova]

I am new and not sure if I am in the right area, but any info would be greatly appreciated.

Currently am down on a L1A visa, new office situation. Our one year renewal is coming up.

The company that I transferred from Canada was was my own - a small marketing company, no real employee's, a few small independent contractors.

From others experience, how much emphasis is place on the foreign business at the time of the one year renewal in a L1A new office situation. The US business is doing fine, 5 employees and growing but the Canadian business is struggling, mainly because of my absence.

My question is will they mainly focus on the US business or are they going to find problems with the Canadian business slow down.

Hopefully my question makes sense, again any help on the matter would be great.

[Carl]

hey will be looking at both as you are supposed to leave a compitent manager in place to ensure the company remains as good and maybe even rowsduring your absense, however if your United States business is doing well then they may well take that into account, your renewal should be for 2 years and not 1, also after 1 year you can apply for a green card.

Good luck

Carl.

[Nova]

Thanks for the info. We went for the L1A because of the greencard option.

But now my immigration lawyer feels that the greencard might not be feasable since I don't know if I could keep the Canadian business running for the 4 or so years it takes to get one, and I'd rather focus on the US business anyway.

So she is pushing me towards the E2. The question I am having is what is considered investment, if the business has been going to 9 or so months? Is the investment only considered what was spent before the business started or would it include the ongoing investment over the last 9 months?

I also noticed someone mentioned signing a lease was considered 30,000 of his investment? Does that mean the total cost of an office lease or truck financing is considered investment? I was told it was just cash in hard assets.

Kind of stressful because I'm not sure I would qualify for the E2 visa, since we are a service company and didn't need 200,000 to start up and a large % of our investment was in upfront comissions to Sales reps, which I am told is not investment.

Anyways I notice there is a ton of E2 experience here, so maybe someone is familiar with a simular situation. Thanks again for the help. Its was comforting for me to see other people are going through this - trying to run and grow a business in a dismal economy - in a way thats pleasing USCIS. Talk about a challenge. Thanks again.

[Ray10]

Thanks for the info. We went for the L1A because of the greencard option.
But now my immigration lawyer feels that the greencard might not be feasable since I don't know if I could keep the Canadian business running for the 4 or so years it takes to get one, and I'd rather focus on the US business anyway.

4years ... Fire your Lawyer

[Carl]

after 1 year you can apply for a greencard not 4 get rid of him.

Carl.

[Carl]

Thanks for the info. We went for the L1A because of the greencard option.

But now my immigration lawyer feels that the greencard might not be feasable since I don't know if I could keep the Canadian business running for the 4 or so years it takes to get one, and I'd rather focus on the US business anyway.

So she is pushing me towards the E2. The question I am having is what is considered investment, if the business has been going to 9 or so months? Is the investment only considered what was spent before the business started or would it include the ongoing investment over the last 9 months?

I also noticed someone mentioned signing a lease was considered 30,000 of his investment? Does that mean the total cost of an office lease or truck financing is considered investment? I was told it was just cash in hard assets.

Kind of stressful because I'm not sure I would qualify for the E2 visa, since we are a service company and didn't need 200,000 to start up and a large % of our investment was in upfront comissions to Sales reps, which I am told is not investment.

Anyways I notice there is a ton of E2 experience here, so maybe someone is familiar with a simular situation. Thanks again for the help. Its was comforting for me to see other people are going through this - trying to run and grow a business in a dismal economy - in a way thats pleasing USCIS. Talk about a challenge. Thanks again.



Dont give up your L1 for a E2 NO NO NO NO NO!!!

[anniefromessex]

Totally agree with the above info. Tbh our business in England when we applied for Green Cards was not even really taken into consideration - although things might be different now. Nobody seemed to have any real issues with regards to that side of things, and we got our G.C's in a couple of years, so I wish you the very best of luck.

Please do not go down the E-2 route - causes more problems than enough especially knowing you are on L Visas - they are the creme de la creme in all honesty.

Love Anniexxx

[Nova]

Thanks again everyone for the advice. To clarify, my lawyer said that I could apply after the first year, but the process could take 4 years to complete.

With the move and everything it was harder than I thought to keep it going.Right now, the only business my Canadian marketing company is doing, is for my US business, So because of this, she thinks I could possibly get a renewal, but wouldn't quailfy for a GC.

So that how we got to point of pursuing the E2 visa.

[Nova]

Anniexxx, what kind of paperwork did you submit on your England business for renewals and your GC? What kind of questions did they ask you? Maybe its still worth a shot.

[Carl]

Thanks again everyone for the advice. To clarify, my lawyer said that I could apply after the first year, but the process could take 4 years to complete.

With the move and everything it was harder than I thought to keep it going.Right now, the only business my Canadian marketing company is doing, is for my US business, So because of this, she thinks I could possibly get a renewal, but wouldn't quailfy for a GC.

So that how we got to point of pursuing the E2 visa.

takes 6 - 12 months usually to do a change os status to EB-1 ours took 6 months.

Interetsingly the conditions for a GC dont seem as strict on the U.S employment as a renewal for a L1-A

I think maybe your Lawyer needs replacing with a new one?

Carl.

[Ray10]

Thanks again everyone for the advice. To clarify, my lawyer said that I could apply after the first year, but the process could take 4 years to complete.
.

I wouls say they are thinking EB-3 which may take a long time
as LCA would be required ..that is used for H-1b

[Susie]

I am new and not sure if I am in the right area, but any info would be greatly appreciated.

Currently am down on a L1A visa, new office situation. Our one year renewal is coming up.

The company that I transferred from Canada was was my own - a small marketing company, no real employee's, a few small independent contractors.

From others experience, how much emphasis is place on the foreign business at the time of the one year renewal in a L1A new office situation. The US business is doing fine, 5 employees and growing but the Canadian business is struggling, mainly because of my absence.

My question is will they mainly focus on the US business or are they going to find problems with the Canadian business slow down.

Hopefully my question makes sense, again any help on the matter would be great.

Hi and a warm :welcome: to our site

I sometimes feel that a few attorneys want L visa holders to convert to the E visa as this will give them endless income from you having to constantly renew your application

I can fully understand that your Canadian biz would suffer as while the cats away the mice will play.

If I were you I would make one of your Canadian employees manager, basic plus profit share that way he or she would be motivated to ensure your company keeps trading and profitable

[anniefromessex]

Nova, tbh we got our Green Cards (or my husband did - mine took longer because I had to put myself out of status) within 18 months. As far as we can remember (old age is creeping on) ha ha, we just had to prove the UK business was still running and was viable. Sorry if I sound a bit vague but so much has happened since then, but I agree with others on here that no way should it take 4 years! Good luck, and please don't go the E-2 route - it's a road to nowhere - sorry all those on that Visa but you know it too don't you even though many of you are still there after many years, but not without problems.

Love Anniexxx

[Andrew MacDonald Wilson]

Nova,

That is a good and important question.

In general, the one-year new office L-1 is CIS' way of allowing you to put your business plan to work in the U.S. and prove that you can show positive business activity. At the same time, however, you need to keep the foreign location active and running.

If you are a CDN citizen, you may apply for new L-1 at a port of entry and obtain three years. If you are not a CDN citizen, you need to apply for L-1 extension through the Service Center and you can obtain two years. (Max out at 7 years in L-1A status) You may want to consider a port of entry application. If denied, you can always then apply through the Service Center if you still have initial L-1 time left. If you try the Service Center first and are denied, however, port of entry usually will not adjudicate.

When you apply for L-1 renewal, business operations and activity in the U.S. and at foreign location will be reviewed. In order to remain qualified for the L-1, you need to show business activity on both sides of the border.

If the CDN side of the business is struggling and you do not have much activity/presence because you are in U.S. and no one is really minding business in Canada, that can be a real issue for L-1 renewal.

Your question makes perfect sense and I think you absolutely need to address that issue when applying for your L-1 renewal. Special attention will need to be given to prove continued business activity in Canada. In similar cases where it was tough to show CDN activity we have had to include RFPs, business enagement proposals, marketing efforts, client letters, e-mails etc. to show activity because revnue was underwhelming.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

[Ed Tha Brit]

Nova, tbh we got our Green Cards (or my husband did - mine took longer because I had to put myself out of status) within 18 months. As far as we can remember (old age is creeping on) ha ha, we just had to prove the UK business was still running and was viable. Sorry if I sound a bit vague but so much has happened since then, but I agree with others on here that no way should it take 4 years! Good luck, and please don't go the E-2 route - it's a road to nowhere - sorry all those on that Visa but you know it too don't you even though many of you are still there after many years, but not without problems.

Love Anniexxx

Hello Nova,

I cant stress enough to you that people on here know what they are talking about?

Annie & Susie in both thier reply say don't go down the E-2 route I, as an E-2er would not reccomend this path...................it is the road to know where?

I know that my att does not want to lose me, because every couple of years he gets paid.....................How much!! (Yorkshiremans War Cry).

If I knew then, what I know now?

Have a nice day

Ed Tha Brit

[Carl]

Anniexxx, what kind of paperwork did you submit on your England business for renewals and your GC? What kind of questions did they ask you? Maybe its still worth a shot.

Hi Nova

When you apply for a extension it is a full petition simular to your original one.

Carl.

[Andrew MacDonald Wilson]

Nova,

I would only consider the E-2 if there was no way to continue with your L-1.

If you have long-term plans for the U.S. and wish to pursue permanent residency, the fastest and most efficient way is the EB-1 transferring manager/executive. You will first need to address the fact that you do not have anyone in Canada running operations while you are in the U.S.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

[Arthur Mo]

Andrew,
please can you answer a technical question for me as I have not been able to find the answer anywhere.

If you go down the EB-1 route adjustment of status multinational manager but last entered on an E2 visa why do you have to sign an I-508.

This form is used by a person whose occupational status entitles you to nonimmigrant status under section 101(a)(15)(A)(E) or (G) of the Immigration and Nationality Act (INA) as a Government Official, Treaty Trader or Treaty Investor, or International Organization Representative, respectively, to waive rights, privileges, exemptions, and immunities associated with such occupational status

What are the

rights, privileges, exemptions, and immunities associated with such occupational status. EG -E2

I would love to know.

Thanks

[Andrew MacDonald Wilson]

Arthur,

The form applies to certain foreign nationals here in the U.S. in diplomatic/government and treaty status. The form confirms their understanding that if they wish to adjust status and become a permanent resident they have to waive or give up some of the diplomatic/government or treaty privilleges provided by their nonimmigrant status.

For example, no more diplomatic immunity if you adjust and become and permanent resident. The individual can no longer assert any privilige that is not available to a U.S. permanent resident or U.S. citizen.

With respect to E-2s, I think the main issue is tax treatment under treaties.

See:

http://www.state.gov/documents/organization/87137.pdf

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

[Nova]

Hey Everyone - you all have helped very much and persuaded us to press forward with the L1 renewal. We think we can get the renewal, and the port we are using issue's 3 year ext., so that will give me some time to get the Canadian business operating sufficiently with a Canadian manager so we can qualify for a possible green card situation.

After my renewal, can I apply right away for a greencard? Anyone has rough numbers on cost? Does everyone recommend using a lawyer? Thanks again

[Arthur Mo]

Andrew,
thank you for your reply, this makes sense now as I think a copy of the form goes to the IRS.

Arthur :)

[Susie]

Hey Everyone - you all have helped very much and persuaded us to press forward with the L1 renewal. We think we can get the renewal, and the port we are using issue's 3 year ext., so that will give me some time to get the Canadian business operating sufficiently with a Canadian manager so we can qualify for a possible green card situation.

After my renewal, can I apply right away for a greencard? Anyone has rough numbers on cost? Does everyone recommend using a lawyer? Thanks again



My husband renewed his first L 1 visa (this was issued for one year as there was no US trading company and he was coming to set one up from scratch) and was given a further 2 year renewal.

I do not think it wise to immediately apply for a green card, maybe after 6 months or so. This is just my opinion and feel Andrew will be able to give you a more accurate time scale

The cost can vary depending on whether the attorney is qualified or a visa specialist. I never went for the cheapest nor the dearest attorney. I wonder if attorney fee charges are regulated in the USA.

I would be horrified to find out there were no regulations as gouging could occur and that is against the law. Any comments Andrew?

[Andrew MacDonald Wilson]

With respect to the L-1 renewal at the port of entry, it is unique that Canadians can request a three year extension at the port of entry whereas the Service Center will only grant two year extensions.

If Canada has not been that active while Nova has been in the U.S., it is that much more important to show strong evidence of business activity. This again can include marketing efforts, proposals back and forth from clients, invoices, e-mails and anything else that shows business activity. Remember that part of qualifying for the L-1 is proving that Canada is still up and running. You cannot underestimate that requirement and only rely on any success on the U.S. side.

There is no set time frame you need to wait to pursue a green card, but you do want to make sure that Canada is solidified more than it is now with staff, numbers etc. I would wait until you have some set structure and a set plan for operations in Canada. (You may be able to do that relative quickly withn the first 6-12 months of L-1 extension time) You do not want to file a weak I-140 when simply waiting a little more time will make it much stronger.

I do not know of any set rules on attorney fees other than they should be fair and reasonable. If someone feels as though they were gouged for fees they should speak wiitht the attorney and/or file a complaint with the bar association.

This may seem self-serving but I do feel it is important for an attorney to handle green card paperwork. The right attorney should give your case a better chance of success. Like many things, you probably do not want to hire the lowest cost provider as there may be a reason for their low fees. I think a reasonable range from what I know reputable and experienced attorneys charge for the I-140 fiing is $3,500-$4,500.

Regards,

Andrew M. Wilson, LLP
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

[Susie]

Thank Andrew for your honest post. In some ways if people are quoted a fee and agree I suppose they cannot then complain the fee was too high after the fact.

However if the attorney makes bad mistakes, errors or is unethical then yes I for one would file a formal complaint with the respective Bar assn. and police if I found out my monies on purchasing a business were not placed in a trust escrow account