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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94767
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Wow thanks a lot! I have never really paid attention to the

Resolved Question:

Wow thanks a lot! I have never really paid attention to the L-1A visas because I thought that if my husband applies for this type of visa, me and my son would not be able to come to the US and study but just by checking the facts of the L2 visas for dependants, it seems that it looks like to the E2 visas.
We are not really concerned about the money that will be invested in the US, we really would like to spend some time in the US and may be grow the business there, especially by living in the NYC area. So if it is 100k or 200k it does not matter. Do you know a better experience with L1 visas? If my husband applies for them, do we have to have a US formed business? or can we just set up a company that would be just a branch of our UK company? I understand that the money invested in the Uk have to be at risk..but with online businesses it is a bit tricky...We could for instance set up additional Google Adwords account..or some other affiliate programme but in true sense the money is never at risk as at the standard business...so if we rent an office and pay a lease for the first year in advance, will have two employees on payroll would that be ok for the immigration?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes, you have to have the business formed and the money invested for the L-1. It has to already be at risk. What you could do is use the ESTA Visa Waiver to enter, make the investment, then apply at the U.S. Embassy for the L-1A visa. You cannot change from ESTA to any non-immigrant status (like the L) from inside the U.S. You have to leave to do it. If you have a B-2 to enter the U.S., then you could change from B-2 to L status while inside the U.S. without having to leave.

But yes, you will have to find a way to invest the required amount in something. Maybe buy a location and really good computer servers and the like. Find something to buy to make the investment look bigger. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94767
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

OK, great, thanks a lot! :)

Customer: replied 1 year ago.

Hello there again,


 


I would like to ask you for a clarification on the L-1A visa which is for the executives/managers. Can a director of a company who is not on the payroll but is paid as a contractor qualify for the L-1A visa? This director acts as a CEO and is able to prove that on many levels. Basically without his presence in the company, all the contractors/employees would not know what to do.


 


What sort of evidence would the immigration look for to support his role?


 


This director is the only director in the company, so who can file out the Form I-129 for him if he is the employer? I mean who normally files out this form in the company? CPA?


 


Thanks a lot!


 


 


 


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Looks like a gray area to me and USCIS does not like gray areas. Has this "director" worked for the related company outside of the U.S. for at least 1 year out of the last 3 years?
Customer: replied 1 year ago.

yes, he has worked for the company since its formation(over 5 years).Actuaylly, he was even on a payroll, but since moving to a different country, he no longer can be on the payroll given the fact that he lost the residency in that country, hence working as a contractor.

Customer: replied 1 year ago.

he was actually on a payroll until march 2012

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Unfortunately, I don't think it will work. Take a look at this link:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28757/0-0-0-28770.html



Specifically, "(f) The term employee means an individual who provides services or labor for an employer for wages or other remuneration but does not mean independent contractors as defined in paragraph (j) of this section or those engaged in casual domestic employment as stated in paragraph (h) of this section;"

So he would have to show that he has been an actual employee on payroll for at least 1 year out of the last three and be an employee on actual payroll coming to the U.S. to be employed directly by the U.S. company. To do otherwise could risk a denial.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94767
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

ok, thanks a lot!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No problem. Good luck.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94767
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

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