My company is a large Russian software house selling financial software to FI's in over 30 countries, and we want now to open an affiliate company in the US (FL).
I hold a B1/B2 visa and will land in MIA next month to launch the process and head the US entity.
How long will it take -
(i) to establish a company, and
(ii) to obtain L1 visa?
(iii) is it allowed to manage the company by a person having B1/B2 visa?
I can't speak to items (ii) and (iii) because I'm not familiar with immigration law.
Just from the business end, depending on what state you want to establish the company, and depending on what entity you want to set-up (e.g., corporation versus LLC), it is something that could take as little as one week. However, if your business entity is more complex, it could take one (1) month or more.
My firm regularly works with foreign entities forming US affiliates. The immigration issues are complex and need to be viewed in conjunction with a number of factors. The corporate issues are likewise complex due to tax matters and applicable tax treaties, but the short answer is that it does not take long to establish a company. What does take long is figuring out the precise capital structure to address your needs.
You should be consulting with immigration counsel in order to coordinate the corporate structure issues with the immigration issues, as well as the home-country tax issues with the business' home-country counsel. There is a lot of paperwork which needs to be presented to USCIS with the L1 filing.
I am placing this query in the immgration area for comment by my brethren immigration counsel.
If you would like to consult with us, please contact us through our website, http://www.heinlegal.com.
You will need to contact an immigration attorney and provide more information. Aside from the creation of a legal entity, you will need a well drafted business plan and considerable documentary evidence in support your L-1 visa petiton. There is premium processing of an L-1 visa provided payment of a special fee. And, finally, B-1 visa allows a foreign national to visit the US and condcut limited business; it does not allow him/her to engage in the actual management of an enterprise in this country.
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