Is it really this easy?

[SusieQQQ 11,586]

Out of curiosity - from another forum...

A couple have their own business in their home country that they have had for some time. They want to move to the US. They are applying for an L1A visa ( through a US-based attorney) on the basis of setting up a new office in the US, At the moment they don't know exactly what type of business or where they want it to be in the US but once they have decided they will do the necessary premises rental etc for the visa. The plan is to apply for a green card as soon as they can once they have the L1 (which they seem confident of getting and have moved to the US. I don't know any more details such as type of business in the home country etc.

This seems to me like an incredibly easy way of getting a green card if you run your own business for a few years at home then apply for L1. Surely it's not that easy? Or have loads of people just missed a trick?

[kzielu 1,149]

Piece that seems to be missing is what basis they want to apply for green card ? Because L-1 is as good or bad as any other non-immigrant visa... It is dual intent but gives no basis to apply. So unless they're investing substantial amount of money, they're up for a surprise...

[Boiler 45,467]

The US company would sponsor them for a GC.

Lots of people transfer to the US on a L, lots of people are then sponsored for a GC.

There is nothing inherently wrong with a non US company transferring senior management to the US who are shareholders, the parent compaany would need to continue in operation.

[SusieQQQ 11,586]

The US company would sponsor them for a GC.

Lots of people transfer to the US on a L, lots of people are then sponsored for a GC.

There is nothing inherently wrong with a non US company transferring senior management to the US who are shareholders, the parent compaany would need to continue in operation.

There is no U.S company yet. This is the equivalent of you and Mrs Boiler owning a small business, Boiler LLC in KountryA. You say you want to open a branch office in the US using an L1. You find somewhere with a beach that you reckon you could make a living at. You file for the visa. You say there is a relationship with Boiler LLC in KountryA to get the visa, but very soon after you arrive you apply for a green card for yourselves (because L1A you don't need labor certification, apparently it's quick) then once you have your GC you don't need to worry about L1 anymore and let the company in KountryA close. This is the intended course of action.

[SusieQQQ 11,586]

Piece that seems to be missing is what basis they want to apply for green card ? Because L-1 is as good or bad as any other non-immigrant visa... It is dual intent but gives no basis to apply. So unless they're investing substantial amount of money, they're up for a surprise...

This is the bit I'm not clear about. They seem to think once they have a L1 and are here they can just apply for a GC.

See above post,if it really is as simple as they are making out then it is a very easy back door to a GC, I can't help thinking they're missing something?

Edited January 17, 2016 by SusieQQQ

[Boiler 45,467]

There is no U.S company yet. This is the equivalent of you and Mrs Boiler owning a small business, Boiler LLC in KountryA. You say you want to open a branch office in the US using an L1. You find somewhere with a beach that you reckon you could make a living at. You file for the visa. You say there is a relationship with Boiler LLC in KountryA to get the visa, but very soon after you arrive you apply for a green card for yourselves (because L1A you don't need labor certification, apparently it's quick) then once you have your GC you don't need to worry about L1 anymore and let the company in KountryA close. This is the intended course of action.

I can only talk in general but yes a foreign company can see L1 Visa's to start up a US subsidiary.

Time etc for a GC depends on what EB category they would be in, L like say a B is not an immigrant category.

[aaron2020 11,651]

Bwwaaaaaa!!!!!!!!!!

End run around the $500,000 for an EB-5?

It's not that easy.

There is some shady things going on.

[SusieQQQ 11,586]

Bwwaaaaaa!!!!!!!!!!

End run around the $500,000 for an EB-5?

It's not that easy.

There is some shady things going on.

They don't want to do EB5 because, money.

Appreciate your response, but can you explain where the flaw in the plan is? I don't really know anything about how you get a green card from an L visa.

[Adil & Jeanne 296]

The flaw is there is no US company

and to bring money into the US is taxable immediately

Who In the US will start the company here?

and say the person coming can not be hired from our citizens?

If someone here is qualified to do the job, then the new US company can not bring in foreigner

a work visa is temporary not permanent green card

my German nerighbor came to work and was here 4 years

HIs boss was late filing to renew the work visa ( as the lawyer wanted $10,000) and he is now back in Germany

not as easy as you think

[Penguin_ie 5,993]

Two flaws:

1. L1 is to transfer management within a company. A small mom-and-pop shop won't do, we are talking major multi national companies here. Now certainly, if they are the owners of a major company, this is an option. But, from what limited info we have here, I do not think they will get the L1 (many lawyers will say anything to separate a client from their money...).

2. The company files for your greencard, not you. Less of an issue I suppose if they are the owners, and the process takes about a year, but again, I think thye will fail to get the visa due to 1.

[Boiler 45,467]

No particular flaws in principal,

L is a temp work visa, if the US Company wants the Employees to stay here longer then the Company would need to petition them for Green Cards.

The main disadvantage for the Company is that with a GC they can seek employment elsewhere, not that relevant in this case.

[SusieQQQ 11,586]

Two flaws:

1. L1 is to transfer management within a company. A small mom-and-pop shop won't do, we are talking major multi national companies here. Now certainly, if they are the owners of a major company, this is an option. But, from what limited info we have here, I do not think they will get the L1 (many lawyers will say anything to separate a client from their money...).

Ok, this makes sense - so you think they won't even get as far as getting a visa. I don't know to be honest what company they have but I doubt it is "major" from what they've said. I did wonder about their lawyer and his advice... things that he posted like "L1A is becoming increasingly popular for entrepreneurs" did almost sound like marketing material being repeated.

[Boiler 45,467]

Not sure about increasingly, unless they are referring to the H1b lottery.

You do not need to be a major multi national to get a L.

[SusieQQQ 11,586]

Not sure about increasingly, unless they are referring to the H1b lottery.

You do not need to be a major multi national to get a L.

I was just repeating what he said.

Even L1A to open an office? Obviously there are companies smaller than major multinationals who get them but again - if it's that easy then there is a major trick that everyone complaining about how hard it is to get into the US, is missing.

[Boiler 45,467]

Lots of foreign companies in the US who at one time started up and may have used L's to do so.

I would not use the term easy, after all most Immigration Lawyers focus on work related issues and if it was that easy they would not be needed.

Edited January 17, 2016 by Boiler