Yes, the company will stay active abroad. I am planning to come to the US to develop my business back home.
This has been my company since 2002 or there about
My immigration lawyer told me that. She wrote
I have done some more research on your matter and am willing to assist you in applying for the L-1. I cannot guarantee its success because the L-1 is not intended for individuals who are self-employed. I have found that an owner and executive of a foreign corporation for the past year can obtain the L-1 to open a new branch or affiliate in the United States. Under these circumstances, the initial L-1 Visa will only be valid for one (1) year and you would have to apply for an extension thereafter. Extension of status is sought by filing a new Petition for Nonimmigrant Worker.
As an owner or major stockholder of the company, the petition must be accompanied by evidence that your services are to be used for a temporary period and evidence that you will be transferred to an assignment abroad upon the completion of the temporary services in the U.S. 8 C.F.R. § 214.2(l)(3)(vii). We will have to explain that you will have a new assignment abroad/that you have plans for your successor in the U.S. position. Evidence of your international business practices can help establish this.
“Proof, beyond a simple affirmation, when the employer is owned by the transferee and the transferee will be the operator of the United States company may consist of evidence establishing a record of corporate transfers, relocation of high-level personnel, or anticipated future events which will affect the reassignment of the owner/operator outside of the United States. The petition of a corporation seeking to classify an alien beneficiary as an intracompany transferee will be denied where the beneficiary is the owner and major stockholder of the petitioning company and the company fails to demonstrate an intention to employ the beneficiary in the United States for only a temporary period.”
If the beneficiary is an owner or major stockholder of the company, the petition must be accompanied by evidence that the beneficiary's services are to be used for a temporary period, and evidence that the beneficiary will be transferred to an assignment abroad upon the completion of the temporary services in the United States. In other words, while a petitioner for an L classification generally need submit only a simple statement of the facts and a listing of the dates to demonstrate the intent to employ the beneficiary in the United States temporarily, where the beneficiary is the owner/major stockholder of the petitioning company, a greater degree of proof is required.” 1 Immigration Law Service 2d § 4:515
For the L-1, you must prove the following:
1) You are an individual who has been the owner and executive/manager of a foreign corporation for the past year and wish to transfer yourself to the States to set up an affiliated office of your foreign owned corporation.
2) You intend to leave your foreign corporation intact, and in continued operation. The foreign company must continue to do business abroad during the entire period of stay in the United States as an "L-1" Intracompany transferee. This fact must be fully documented at the time of the initial filing, and upon each visa petition renewal application.
3) You intend to employ yourself in a managerial or executive role in the new United States subsidiary.
4) Your United States subsidiary has a reasonable business plan to establish a need for a manager within one year. You must show that at the end of the first year of operations, your subsidiary will employ United States workers for you to manage who will be needed to help you produce your products or services. L-1 visa applications for a start-up enterprise require evidence related to the business and revenues of the foreign entity; the qualifying relationship between the foreign and the U.S. entity; and a detailed business plan explaining the potential of the new entity and its capability to meet business expenses, including the staffing requirements. In the case of a new business, evidence that within one year of approval of the L-1 petition, the U.S. operation will support an executive or managerial position as documented by a description of the following: the proposed number of employees and the type of positions they will hold; the size of the United States investment and the financial ability of the foreign entity to remunerate the L-1 beneficiary and support the U.S. company's conduct of business; and, the size and staffing levels of the overseas company.
Rasheed Allen can assist you in preparing proposed business plan, as he has already set up the subsidiary for you. Please let me know if you would like to move forward on this – if so, I will have our intake department contact you so that you can sign a retainer for the L-1 visa as opposed to the H1B. Also, I apologize for the confusion and if you have any questions, please let me know.
Then we thought of the idea of selling my shares, becoming a regular employee and be sent to the US because the requirements for an employee are a lot less strict.
My lawyer now says she could loose her license if she helps us knowingly