How to get an L1A visa

[American@Heart 0]

For this following my progress (thank you!), I've decided to go for the L1A in lieu of the E2 so that I can get a green card.

I own several companies, and the newest company (that I actually wanted to expand to the US before I found out about the L1A) won't be year old until next year.

However, I have another company that is about a year old now, but I'd rather not expand it to the US, but I could do so for the sake of getting an L1A.

Questions:

1. Can I just say that I'm going to expand the older company, then maybe do a bit of work in the US for appearances, and just wait it out til the company I actually want to expand is a year old and switch my L1A to that other company next year?

2. What will I have to show (I.e. office leased, business plan, etc) in order to get approved, and does my existing company have to meet any criteria aside from being 1 year old?

3. What are my odds of getting approved for an L1A if I meet those requirements?

4. With the E2 I could bring a partner and assistant along with me, but how do I do that with the L1A?

5. Should I hire a lawyer or do this myself, and why?

Thanks guys!

[Boiler 45,513]

1. The US operation does not have to be in the same business as the Canadian company.

2. I do not believe you have to show anything other than a business plan. The existing company has to maintain its operations.

3. If you meet the requirements then you get it. There is no numerical limits.

4. The Canadian Company is not limited to sponsoring one person. My Brother did a stint in the US working for PWC on a L, there were loads of people in the same situation.

5. It is usual for a Company to employ a Lawyer, most companies do not have in house expertise, even the very biggest ones.

[American@Heart 0]

Thanks a lot for such a quick and informative reply!

1. So if the Canadian company does construction, the US expansion can rent exotic cars? Wouldn't that make it an entirely different company though - how is that expansion?

2/3. Really, just show a business plan and you're approved? No proof of office lease, wmountmofminvestment, etc? Seems a bit too good to be true..

4. But those people have to have worked for the sponsor for at least a year, right? One has just started, and then other has been working for a year, but as an independent contractor, so she has her own consultig company and pay her undermthat business name. What can be done done for rheas 2?

5. Can't I just fill out the apps myself - why shell out $5k on a lawyer?

6. So I can get same-day approval asma Canadian, and then pay $1000 for priority green card after 2 years, correct?

Thanks again!

[American@Heart 0]

Thanks a lot for such a quick and informative reply!

1. So if the Canadian company does construction, the US expansion can rent exotic cars? Wouldn't that make it an entirely different company though - how is that expansion?

2/3. Really, just show a business plan and you're approved? No proof of office lease, wmountmofminvestment, etc? Seems a bit too good to be true..

4. But those people have to have worked for the sponsor for at least a year, right? One has just started, and then other has been working for a year, but as an independent contractor, so she has her own consultig company and pay her undermthat business name. What can be done done for rheas 2?

5. Can't I just fill out the apps myself - why shell out $5k on a lawyer?

6. So I can get same-day approval asma Canadian, and then pay $1000 for priority green card after 2 years, correct?

Thanks again!

Ignore the above - pls see edited ver below.

Thanks a lot for such a quick and informative reply!

1. So if the Canadian company does construction, the US expansion can rent exotic cars? Wouldn't that make it an entirely different company though - how is that expansion?

2/3. Really, just show a business plan and you're approved? No proof of office lease, amount of investment, etc? Seems a bit too good to be true..

4. One has been working for a year, but as an independent contractor, so she has her own consultig company and pay her under that business name. The 2nd only startednlasr month. I also have a 3rd friend who hasnt worked formus at all, so I guess he should start now? Or can I just get him an invite down the road from the new US company? So what can be done about these 3, or do they all have to work for 1 yr minimum and as employees (with tax deductions and all) first?

5. Can't I just fill out the apps myself - why shell out $5k on a lawyer?

6. So I can get same-day approval as a Canadian, and then pay $1000 for priority green card after 2 years, correct?

Thanks again!

[Boiler 45,513]

1. How many different spheres of activity is GE in?

2. L is not an investment visa.

4. One of the requirement for a L is to have worked for the company for a minimum of 1 year. There is also the H1b option.

5. It is not normal, most Companies do not have that knowledge in house.

6. I do not know the Canadian issue, the GC application is another issue, timeline would depend amongst other things on which EB category.

[American@Heart 0]

Thanks Boiler. Following up:

1. Good point. So the US expansion can have a different name as well, I'm assuming?

2. Right, so what will I have to show? Business plan for expansion? For the Canadian home company? Corporate and/or personal tax returns?

4. Yep, its been a year. Any other requirements? The company is only a year old, so revenue is only a few hundred g's a year, is that ok?

5. Ok, so definitely hire a lawyer? How much approx will that cost?

Thanks again!

[Boiler 45,513]

1. It is going to have a different legal name, your dba can be anything.

2. They will need to see that the Canadian operation is legit and of consequence.

4. I thought this was going to be a start up. You will need to show that you have achieved your goals to get renewal, it does not have to be multi millions in the first year.

5. From what I have seen 10 grand or so should cover it. All the other legal and accounting fees is another issue.

[American@Heart 0]

1. It is going to have a different legal name, your dba can be anything.

2. They will need to see that the Canadian operation is legit and of consequence.

4. I thought this was going to be a start up. You will need to show that you have achieved your goals to get renewal, it does not have to be multi millions in the first year.

5. From what I have seen 10 grand or so should cover it. All the other legal and accounting fees is another issue.

1. So my Canadian construction company can expand to the US and start renting cars under a different name? Wow, that's fantastic. So why do people bother with E2 then? Wouldn't it be a lot easier to start any random business in your home country, work for a year, and then instead of shelling out $100k on an E1 with no green card, keep all the money and get a green card?

2. Nice, so if we're a year old, do a few hundred g's of business annually, have a nice website, office, etc, we should be ok? What are my odds of being approved?

4. Sorry, I messed up the question in my earlier message. I was saying that out of the 2 people I want to bring, 1 has been working for me for a year as a contractor (she's self-employed and I pay to her business), and the other just started. Can I bring at least the first in on the L1A, or are they both gonna need H1B's?

5. Holy #######, 10 grand, for what? And what "other" legal and accounting fees are there? How much total?

6. With respect to H1B's, both people I want to bring are young and have no degrees. How difficult will it be for us to obtain these, and how much should they budget for all the fees (a breakdown would be nice too).

7. Is getting green cards going to be an issue for any of us in the future, or are we pretty much set as long as we keep our employment?

Thanks a lot bud, you've been a TON of help!

Edited March 12, 2011 by American@Heart

[Boiler 45,513]

1. Each Visa type has its own pluses and minuses. Hence the need for a Lawyer. Not everybody wants to migrate, not everybody wants to retain their business in their home country, has a competent and trustworthy management to operate it. Unless you are Mark Zuckerberg it is going to take somewhat longer than a year!

2. If that is what the business plan that the visa was predicated on required, then good. The problems I have seen is small operations where the company did not have the resources to play catch up when things went wrong.

4. You need to be an employee to get a L1. I would have thought it would be difficult for a new Start Up to sponsor a H1b, may be an advantage for an E2.

5. That would depend on the business, I did not think 10 grand was that much as part of the scheme of things, that is also why Lawyers prefer Commercial work.

6. They can substitute with 10 years relevant experience. I have seen it done, but that is a paper minefield, getting it all documented and presented etc. Definitely a Lawyer situation.

7. It can be a long wait, the problems I have seen of late is where the Company has downsized, gone bust leaving the employees with no job, and with a L1 no way of transferring to another US Employer. H1b has the advantage of portability, if you can find another employer.

[Harsh_77 718]

Dude - There is nothing that can help you, until you relize that L1 is not that simple. It just does not work where you can create a company in your home country and then create one more office in US (I dont know how you run the office in US).

Then apply for self L1 saying you are transferring from your home office to office in US. If this was that simple half of Nigeria would be here dude.

For L1A they look into company details, wht your company has done, how many employees in home and US office.

[American@Heart 0]

Thanks so much! Few more questions:

2. So basically, if in Canada I have: a) Corporation over a year old, b) that brings in just under $500k annual revenue, c) and has another partner who can run it in my absence, then I should be good to go for an L1A? I also want to note that since were in construction, we have no employees - everyone is legally an independent contractor for tax purposes. It's the same exact thing, except we pay them sales tax instead of deducting taxes off of them for pension, etc.

4. So what would be the best way for me to get these people in - they have no degrees or 10 yrs exprience. Should I wait until they've both been with me for 1 year and get them L1's, or is there a better route for them? Also do they have to be employees (as in paid hourly, with tax deductions, pension, etc) or can they be independent contractors, meaning they're self employed and I pay their company that only employs them?

5. I just don't understand why I'd need to shell out $10k on a lawyer when I can fill in the app and make the business plan myself?

7. But as long as the company is healthy, how long am I looking at? I heard L1A's get priority residency?

Thanks again, we all appreciate your input!

1. Each Visa type has its own pluses and minuses. Hence the need for a Lawyer. Not everybody wants to migrate, not everybody wants to retain their business in their home country, has a competent and trustworthy management to operate it. Unless you are Mark Zuckerberg it is going to take somewhat longer than a year!

2. If that is what the business plan that the visa was predicated on required, then good. The problems I have seen is small operations where the company did not have the resources to play catch up when things went wrong.

4. You need to be an employee to get a L1. I would have thought it would be difficult for a new Start Up to sponsor a H1b, may be an advantage for an E2.

5. That would depend on the business, I did not think 10 grand was that much as part of the scheme of things, that is also why Lawyers prefer Commercial work.

6. They can substitute with 10 years relevant experience. I have seen it done, but that is a paper minefield, getting it all documented and presented etc. Definitely a Lawyer situation.

7. It can be a long wait, the problems I have seen of late is where the Company has downsized, gone bust leaving the employees with no job, and with a L1 no way of transferring to another US Employer. H1b has the advantage of portability, if you can find another employer.

Edited March 18, 2011 by American@Heart

[Boiler 45,513]

2. So basically, if in Canada I have: a) Corporation over a year old, b) that brings in just under $500k annual revenue, c) and has another partner who can run it in my absence, then I should be good to go for an L1A? I also want to note that since were in construction, we have no employees - everyone is legally an independent contractor for tax purposes. It's the same exact thing, except we pay them sales tax instead of deducting taxes off of them for pension, etc.

You have to have worked for the Company for more than 1 years. The Turnover looks a bit thin and I do not know how they react to all subs. Which answers question 5.

4. So what would be the best way for me to get these people in - they have no degrees or 10 yrs exprience. Should I wait until they've both been with me for 1 year and get them L1's, or is there a better route for them? Also do they have to be employees (as in paid hourly, with tax deductions, pension, etc) or can they be independent contractors, meaning they're self employed and I pay their company that only employs them?

Would they qualify for L's? See also question 5. If they are not employees than it is not your problem, would be up to them or their employers.

5. I just don't understand why I'd need to shell out $10k on a lawyer when I can fill in the app and make the business plan myself?

See above.

7. But as long as the company is healthy, how long am I looking at? I heard L1A's get priority residency?

That would depend, see 5.