Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law
This answer was rated:

I am planning to move to the USA I applied for H1B but this

I am planning to move...
I am planning to move to the USA
I applied for H1B but this lottery system does not work for me.
Than I asked my immigration lawyer to look into L1
As an employee that is sent to the USA it is easy
An owner/operator hast to jump through all kinds of hoops.

If I would sell my shares in the company and be just an employee that is sent to the USA to set up a branch of the company, is that legal?

My current lawyer stated: I cannot pursue this strategy on your behalf, because I see it as an attempt to circumvent the immigration law. My bar license does not allow me to do this.

Is this true?
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 4 minutes by:
5/29/2013
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,150
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Will the business continue to operate abroad?

Have you been employed by it as CEO for at least a year?

Who is telling you it is easier as an employee?

 

Judith

 

Ask Your Own Immigration Law Question
Customer reply replied 4 years ago

Hi Judith,


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

How many employees does the company have abroad?
How many are you intending on hiring in the US to expand the business here?


Judith
Ask Your Own Immigration Law Question
Customer reply replied 4 years ago


At this moment I have a company that I run by myself. I have a partner in another company and a parttime employee.


 


On our sister Island Curacao (I live in Bonaire, lesser Antilles) I have a partner that is setting up our business. When I come to the US I will need to hire somebody to take over part of my job.


 


I have no idea how business will develop. Apart from exporting to the Caribbean, I want to start importing products into the USA from Europe and the Caribbean. For arguments sake say I want to hire 2 people in the next to years, a driver and someone to do my books

Customer reply replied 4 years ago

Not intending to rush you, but did you get my reaction to your latest questions?

Thank you for all of this additional information about your business and the business plan.
Unfortunately, the rules are the same for the start-up manager/director who is permitted to come for an INITIAL period of one year.
So whether you sell your shares or keep them, the burden of proof that the business has to show is the same for a start-up owner/director or employee/manager.
The primary problem with the concept you have going here is that the entire purpose of an L1 multinational corp is to come here to invest a substantial sum of money in the US economy to stimulate the employment of US workers.
So with your plan, a director being transferred here is to direct and develop the company for one year to the point where in the business plan US workers are hired on the management and administrative levels or in the alternative, an employee/manager is hired to "MANAGE" subordinate business development staff or production workers.
Hiring a driver is not going to work, that really has nothing to do with developing the business or production, etc. You will not be able to support the need for a full-time bookkeeper.
This is not a business plan/model for a successful L1 company.
In addition, the other issue is that there are not any employees in the islands other than you and a partner. The immigration will not see this as a real business unless it has a very substantial profit.
There are many L1 multinational corps whose owners/directors come here and get not only the one year L1A but also get that extended and get their green card as the multinational director.
An example of businesses that I have done range from restaurants who open branches here in the US; manufacturing facilities; fruit growers and exporters; flower growers, IT services.
You didn't say what industry you have in the Caribbean.
I just don't see this happening based on the size of the company in the islands and the marginal investment being made in the US.
That is where you will run into the difficulty more so than as owner.

Judith
Ask Your Own Immigration Law Question
Customer reply replied 4 years ago

Hi Judith,


Thanks for the explanation.


What I do not understand is that the text it says that the L1 is also ment for small and starting businesses


 


http://www.immihelp.com/l1-visa/


 


In the second paragraph it states that it provides small or start up companies abroad to expand their businesses and services to the US


 


What frustrates me is that a person with a bachelors degree, with a viable business is dependent only on an H1b Lottery ticket or an E visa where he has to invest at least $500.000.


 


The L1, according to your description, looks a lot like the E visa.


 


Further in the text available to me i see no investment requirements for the L1


 


Are there other options open to me that I have overlooked?

Customer reply replied 4 years ago

I overlooked a part of your response.


 


I own a wholesale company that caters to the hotels and restaurants on the Island. At this moment we are developing the purchase of full container loads to provide them directly.


 


I import seafood to both Bonaire and Curacao on a weekly basis


 


I own a company that sells amongst others IKEA products in Curacao and Bonaire.


 


Currently we are developing an export orders for prefab homes from the US in Colombia and St Kitts. Colombia is a Multi million doolar project


 


I represent an aluminum doors and Windows company and a hurricane shutter company from Miami


 


The development of all these products requires me to be in the US on a semi permanent basis.

I'm a bit more impressed with the extent of your trade and you may just have an opportunity to succeed here.

But you are going to have to develop a plan for the US business that ties in all of these various exports under an umbrella and which will need marketing and sales personnel.

You can direct and devlop the growth of the company and markets, but you will need to make the investment in human capital to work under you while you direct and develop the growth.

So there is the potential for the L1A as the owner/CEO to come here and increase your markets and products with an agressive business plan

There is nothing in the regulations on the amount of investment for any of the visas! However, the USCIS will only approve a petition that shows there is a vested interest in the US branch.

And as for the new or start-up business, yes this is true, but remember that is for the US company, it is expected that there is a history with the company abroad and that it is not a new or start-up business.

Judith

Ask Your Own Immigration Law Question
Customer reply replied 4 years ago

Thanks, XXXXX XXXXX given me some hope.


 


Does all of this need to be accomplished in the first year or can we stretch this over a number of years.


 


Are there other visa possibilities that make more sense with my background


 


 


\

You need to have a one and 5 year business plan.

You need to show that the business has hired US personnel (even 1-2) in the first year and that your skills as the CEO/Director are successfully developing the business so that the 5 year plan is feasible.

I would say this is the best visa option for you because it can lead to a green card. The E visa is a dead end.

Judith

Ask Your Own Immigration Law Question
Customer reply replied 4 years ago

Hi Judith,


This is the last one. Thank you very much for your help and insight. In one hour you have given me more to work with than my lawyer in the last couple of months.


 


Could you please forward me your info, so should the need arise, I can approach you for future cases.


 


Regards,


 


Henk

Thank you so much Henk. I appreciate your repeat questions but I cannot give you my direct information. It is a violation of JA terms of service to have direct contact with it's customers.

You can address future questions by starting the new thread with "FOR JUDITH".

I would strongly urge you to interview several business immigration attorneys when you come to Miami. You can find some and read their bios at www.ailalawyer.com.

Not all immigration lawyers have done Ls and start-up Ls are especially tricky.

Google "L1A start-up" You will find articles written by experienced L lawyers.

I think you have a shot at this.

Judith

 

 

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,150
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,150
29,150 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

47,491 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
My father is years old and he immigrated to the USA on
My father is 69 years old and he immigrated to the USA on family based Green Card 3 months ago. I am a US citizen and sponsored his green card. He now has a social security number and Driver's license… read more
Shernette Noyes
Shernette Noyes
Attorney
Doctoral Degree
1 satisfied customers
What is involved in being a benefactor for an immigrant to
what is involved in being a benefactor for an immigrant to the USA … read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
One of the spouses has a case in the immigration office
One of the spouses has a case in the immigration office waiting for the Green Card on the basis of a join marriage. What happens if they divorce before he/she receives a Green Card? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
What are the charges involved to talk to an immigration
what are the charges involved to talk to an immigration attorney … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
My mothers green card is expired and according to her
my mothers green card is expired and according to her previous lawyer who has since retired they needed proof that my mother was in this country prior to Dec '81. Her actual proof is my birth in sep 0… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
Is an expired immigration card a violation if the person
hello is an expired immigration card a violation if the person decides not to validate their green card? … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,150 satisfied customers
I was granted Asylum on March 19, 2013 but my green card was
I was granted Asylum on March 19, 2013 but my green card was issued on oct 27, 2013 which means 7 months and 8 days later so based on the rollback time for asylees when exactly can I apply for naturalization includind the 90 day before the 5 years? thank you … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
If my green card expired 11 years ago, and I now have a
If my green card expired 11 years ago, and I now have a misdemeanor, should I try and get that expunged first, then renew? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am a new green card immigrant. I worked 3 days for a
I am a new green card immigrant. I worked 3 days for a painting job but had to quit because of the commute and unpredictable schedules. They owe me $309 but will not pay me. I have been there 6 times … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
If im a derivative asylee and applied for green card but the
If im a derivative asylee and applied for green card but the princpal asyle havent applied for green card yet wil i get my green card … read more
Leena Kamat
Leena Kamat
Juris Doctor
94 satisfied customers
I have applied to renew my green card in feb 2017 and I
I have applied to renew my green card in feb 2017 and I still … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
My ı-94 expires how can ı extend it, I held a green card for
I held a green card for over 10 years however in the last 14 years I resided abroad and entered at an airport with a lost passport and greencard … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I am from the US and currently a green card holder. I will
I am from the US and currently a green card holder. I will be here in the us for 5 years this coming December so I will be able to apply for us citizenship but I will marry my fiancé in the Philippine… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
My son who is a green card holder and is entering the US
My son who is a green card holder and is entering the US Airforce on Sept 19 is recently married to a girl who is a tourist with visa to expire on OCt 11. what must be done so that the girl does not n… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am a green card holder and my husband and i met here in
i am a green card holder and my husband and i met here in America when he was on his tourist visa vacation and we fell for each other so much that we married in about 19 days since he came here withou… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
Applications (like the Green Card application), what is
Hi. For Immigration applications (like the Green Card application), what is supposed to be provided as far as the documentation in regards ***** ***** taxes? Is it a COPY of the tax return from the pr… read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
I have a friend who would like to apply for a Green Card. He
Hello. I have a friend who would like to apply for a Green Card. He is here in the US on a tourist Visa at this time. His son is a US Citizen.1. He is wondering which forms need to be filed for him? I… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My immigration case was dismissed by the immigration judge i
my immigration case was dismissed by the immigration judge i was a legal permanent resident what do i have to do to get it back now that my removal hearings were terminated … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x