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My company wants to settle in the US

Miami, FL |

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?
Thanks

Attorney Answers 4


  1. 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.

    I am not your attorney. I do not represent you. This response is submitted for informational purposes only. This is not legal advice, nor is it intended to be taken as such. Anyone considering the above referenced situation should always consult an attorney within the jurisdiction before taking any action based on this, or any other information


  2. 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.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.


  3. 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.

    Disclaimer: Contact me at (314) 645-7900 or at http://www.heinlegal.com to discuss the above answer in more detail if you wish. But if you want legal advice, you will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on the above answer or any other answers on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Therefore, I provide the information in this web site for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship with me. Further communication with our attorneys through AVVO, our website at http://www.heinlegal.com, and/or e-mail may not be considered as confidential or privileged.


  4. 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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