How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28828
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith Ludwic is online now
A new question is answered every 9 seconds

Im an AustralXXXXX XXXXXving in the USA for the past 3 years. It

This answer was rated:

I'm an AustralXXXXX XXXXXving in the USA for the past 3 years. It is border line impossible for me to start a business here in the USA...but there are so many potential clients here! What would you suggest I do to start a business legally?

Move back to Australia and visit the USA regularly to get business?

Start an LLC (USA Business) and work from Australia?

Additionally, what occurs if I register an ABN (Austrlian business) and I work for another employer over here...how does that work?
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
What is your immigration status now?
What visa did you enter on ?

Judith
Customer: replied 3 years ago.

I'm currently on an E-3 Visa with an employer. I'm currently on my 2 E-3 visa and (with one renewal). Here is my history in the USA:


 



  • Early 2010 (Moved from Canada to USA) - Used Canadian Consulate to get E-3

  • 2012 - Renewed Visa through employer (no consulate visit was required)

  • 2012 (October) - New E-3 Visa approved to work with current employer. I am still on this same E-3 visa currently.



On all occasions I have been approved.

Do you have any money to invest in a company you register?

It is possible for you to register a business here in the US and if it has the cash capital to pay you, that business can be your E3 sponsor.

 

Judith

Customer: replied 3 years ago.

I was looking to invest $25,000 cash into the business. But I have received word that I need 100-200K?

Yes, that is about the ballpark investment because you have to have the cash capital to pay the LCA prevailing wage.
The only viable option would be for you to register your company in OZ and for you to work from there. You can make business trips here to have business meetings, negotiate contracts and to develop your client base.
However, you can not do any productive services here in the US. You have to go back to Australia to provide the work product.
Forming an ABN and working for an employer here would not accomplish your goal because you cannot do any work here in the US for the clients of your business.
Forming an LLC here and working from OZ would not be recommended because you would have double taxation, tax on profits made in the US and tax in Australia on what you take as income from the business.
Judith
Customer: replied 3 years ago.

What would you think would be the minimum? 100k?


 


If so I am looking at SBA business loans etc. What would the be likely hood of this actually getting approved...or am I just wasting my time here?

Yes, I would say you would need an investment of $100K

 

I have know idea about SBA loans, I cannot answer your question about that.

 

Judith

Customer: replied 3 years ago.

So, If I were to move back to Australia a start the business, raise revenues over $100,000 per year, would it be more likely that a subsidiary could be created in the USA?

Yes, and that would open the door to what is called an EB1c green card for a multinational corp executive or director, as well as an L1A visa.
A far better plan, although it may be a longer way to achieve your goal.
Judith
Customer: replied 3 years ago.

Would I only need revenues of $100,000 in that case though? or would I require revenues in the millions for a EB1c green card or a L1A?


 


Could you explain these for me? I'm not familiar with those visa types.

Here are a couple of good links which explain the L1A

http://www.usavisaexpress.ca/l1a-l1b/

 

http://www.us-immigrationvisa.com/work-visa/l-1a

 

This explains the green card process for the L1A visa holder

http://www.greencardapply.com/manager/mang_faq.htm

 

The EB1C is totally different from the EB5 invertor visa.

 

Judith

Customer: replied 3 years ago.

Concerning my current E-3 Visa, am leaving my employer on September 15, but I am still completing an MBA from Babson College (Completion date is currently set for December 6th this year).

 

What options do I have in terms of staying in the country to complete my MBA?

 

 

You must change immigration status to F1.
You need to contact the international student services office and they will assist you to make this change of status.
You will be out of status as of 9/15/13 the day you terminate your employment and it will make getting future visas very difficult if you do not follow the law to change your status.
Judith
Judith Ludwic and other Immigration Law Specialists are ready to help you

Hello. I am just checking it to inquire if my answer was helpful.
Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism appreciate your positive rating.
Judith

Customer: replied 3 years ago.

Lastly, I am a member of many entrepreneurial groups. If a friend were to create an LLC (who is a US Citizen) and they wished to hire me, would they have the same roadblocks?

Yes, in terms of capital funding.

 

Judith

Related Immigration Law Questions