I am the CEO of a small firm (27 employees) based in Mumbai, India, looking to start operations in the US. I want to move 5 of my employees (including myself) with their families to the US. But I want an option where I can be work authorized in the US while not having to stay in the US all the time. I would be looking to spend half my time in India and half my time in the US, for a couple of years. We plan to create a wholly owned subsidiary in the US. What are my best options in this situation?
An L1A should work for you. L1B could work for the employees but only if they have specialized knowledge of the company's processes/procedures. Alternatively the H1B would work if they have positions that require at least a bachelor's degree. However, the cap has been met and you can't file for new H1B visas until April and they can have an October start date at the earliest.
My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations.
You could file a new office L1A visa for yourself. With respect to your employees, more information is needed to decide what the best route for them would be. Depending on their education and position within the company, you could file either an L1 or an H1B for them. Both of these visas are very involved and you need to retain an experienced immigration attorney who can assist you with this and determine what the best fit for you and your employees is. If you are presently outside the Country, you can schedule a phone or a Skype consultation with an attorney here in the US. Many of us offer such consultations. Good Luck!
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An L-1A visa would be perfect for you.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
It sounds like the L1A should work for you. I would recommend speaking with and retaining an immigration attorney to begin the process. My firm handles such cases.
Law Offices of Nicklaus Misiti
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Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
It sounds as if once a subsidiary is opened you could obtain the right to work in the US. Your employees must each be evaluated for their eligibility. An attorney will have to learn more about your business and your background - as well as the background fo the potential employees. Our office has handled initial such visas as well as has given assistance in setting up and advising on the commencement of operations of businesses. Contact us to further discuss.