Opening a USA office. B1 or L1 visa? And LLC registration.
Discussion
Has anyone here with a UK business opened a US office and able to share some knowledge? I'm keen to get it underway and need a visa. The US website says:
B-1 visa
If you are traveling to the United States to survey potential sites for a business and/or to lease premises, you will require a B-1 visa. You cannot, however, remain in the United States on a B-1 visa to manage the business; for that, you will require an L-1 (intra-company transferee) visa. The holder of an L-1 visa may travel to the United States for a temporary period to open up and operate a branch, subsidiary or affiliate office of the business there. To qualify, the new U.S. operation is required to file a petition on the employee’s behalf with the nearest office of the United States Citizenship and Immigration Services (USCIS) in the United States.
L-1 visa
An L-1 visa is the appropriate visa classification for a qualified employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States, i.e. commence business.
When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the approval of the petition, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner is required to show that it has the financial ability to remunerate the beneficiary and to commence doing business in the United States.
A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is doing business as described above in order for the petition and alien’s stay to be extended beyond one year.
From that lot, the L-1 is what I need, but because the B-1 specifically mentions surveying potential sites, part of the process of opening an office, is it expected that people apply for that first and the L-1 later?
Finding a site won't actually be that difficult as it will be a WeWork location for the initial period, of which there are plenty.
LLC registration is also on my list of things to do. As far as I understand it, this can be done in advance of the visa (which I believe could take between 6-9 months!). I can put this in a US citizen's name if need be.
B-1 visa
If you are traveling to the United States to survey potential sites for a business and/or to lease premises, you will require a B-1 visa. You cannot, however, remain in the United States on a B-1 visa to manage the business; for that, you will require an L-1 (intra-company transferee) visa. The holder of an L-1 visa may travel to the United States for a temporary period to open up and operate a branch, subsidiary or affiliate office of the business there. To qualify, the new U.S. operation is required to file a petition on the employee’s behalf with the nearest office of the United States Citizenship and Immigration Services (USCIS) in the United States.
L-1 visa
An L-1 visa is the appropriate visa classification for a qualified employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States, i.e. commence business.
When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the approval of the petition, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner is required to show that it has the financial ability to remunerate the beneficiary and to commence doing business in the United States.
A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is doing business as described above in order for the petition and alien’s stay to be extended beyond one year.
From that lot, the L-1 is what I need, but because the B-1 specifically mentions surveying potential sites, part of the process of opening an office, is it expected that people apply for that first and the L-1 later?
Finding a site won't actually be that difficult as it will be a WeWork location for the initial period, of which there are plenty.
LLC registration is also on my list of things to do. As far as I understand it, this can be done in advance of the visa (which I believe could take between 6-9 months!). I can put this in a US citizen's name if need be.
Which state?
Are you going to be coming to the USA to actually work here or to set the office up and leave again.
I believe you are allowed to enter the US on an ESTA and conduct limited business activities. I don’t know what you’re planning or what the limitations are, but worth looking into.
If you want some help with the processes here, feel free to shoot me a PM.
Are you going to be coming to the USA to actually work here or to set the office up and leave again.
I believe you are allowed to enter the US on an ESTA and conduct limited business activities. I don’t know what you’re planning or what the limitations are, but worth looking into.
If you want some help with the processes here, feel free to shoot me a PM.
The Moose said:
Which state?
Are you going to be coming to the USA to actually work here or to set the office up and leave again.
I believe you are allowed to enter the US on an ESTA and conduct limited business activities. I don’t know what you’re planning or what the limitations are, but worth looking into.
If you want some help with the processes here, feel free to shoot me a PM.
Thank you Are you going to be coming to the USA to actually work here or to set the office up and leave again.
I believe you are allowed to enter the US on an ESTA and conduct limited business activities. I don’t know what you’re planning or what the limitations are, but worth looking into.
If you want some help with the processes here, feel free to shoot me a PM.
Arizona, looking at Phoenix as the location. Going to set it up, and travel between the US and London working in both offices.
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