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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 9875
Experience:  30 years of corporate, litigation and international law
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I own 65% of an AU business and am the creator of our

Customer Question

I own 65% of an AU business and am the creator of our products. We need an office in the USA to sell these products as the shipping from AU is too much, and also as we are developing the product into E Learning/ software and need to research it, and then
sell predominantly to the US market. I will be studying for a doctorate in educational software in the USA (costing around $50K) and plan to also be the specialist who sets up the USA branch. It is easier to set up first, as I can study on the L1 visa, rather
than going for an F1 to study and then changing over. I know there is no minimum financial investment for the L1, however there seem to be more flexibility for the L1B with regards ***** ***** quickly we need to be employing staff and making a high turn over? We
can secure the office space quickly. We will have a qualifying organisation as it will be a branch of an existing AU business that has operated for over a year. We have proof of funds to pay for the doctorate ($50K) and funds to set up the business and support
me, as the specialist. We already registered a company name in California, ready to set up the USA office/ branch. Does this sound as though the L1B would be better, also as I have seen that there are a lot of L1A rejections, and is this straight forward to
apply for or is it advisable that we use a lawyer? Can I do this while in the USA on a B2 visa looking for a school - I have found the school, but feel it more logical to be here on the L1 visa studying, so that we can get the business going over here, rather
than wait until I finish the doctorate (3 years)
Submitted: 1 year ago.
Category: Business Law
Customer: replied 1 year ago.
I just saw that I could only go down the Green card route with the L1A, so ignore questions about L1B.I guess my question therefore would be if this is something we can prepare ourselves - or have to get a lawyer to do.Is the flow..
File company name in USA (done)
File 1- 129 for me (and I-539 for child) - pay the $1250 for priority processing - and if approved we receive a Notice of Action Form I-797.
Is that it- we can then get started?Confirmation when filing that:
1) The employee must have worked abroad for the overseas company for continuous period of one year during the preceding three years.2) The company at which the employee fulfilled the work requirements must be related to the U.S. company in a specific manner, such as parent/subsidiary, sister companies with common parent.3) The company must be a qualifying organization - one that is doing business in the United States and one other country throughout the entire period of transfer.4) The employee must have been employed abroad in an "executive" or "managerial" position (L-1A visa), or a position involving "specialized knowledge" (L-1B visa).5) The employee must be coming to the U.S. company to fill one of these capacities - Executive, Managerial, or Specialized Knowledge.6) The employee must be qualified for the position by virtue of his or her prior education and experience.7) The L-1 visa holder must intend to depart the United States upon completion of his or her authorized stay.And that we have already signed a lease on an office ?
Expert:  Richard - Bizlaw replied 1 year ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

In my experience it is better to retain an attorney to handle the L1 visa petition. The immigration bureaucracy in the US is one of the most difficult to deal with For this reason I would strongly recommend that you retain local immigration counsel. You are correct on your seven statements. The only clarification is that you do not have to be doing business in the US it is sufficient that you will be doing business in the US when the office is open. You should discuss with local counsel whether you should come on a B-1 visa and just change status yo L-1, that would probably let you get started faster than waiting for the petition to be approved.

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