My company wants to settle in the US

Asked about 2 years ago - 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. Henry Paul Elster

    Contributor Level 10

    4

    Lawyers agree

    Answered . 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... more
  2. Robert V Cornish Jr.

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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... more
  3. Richard Brian Hein

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . 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... more
  4. Hans Burgos

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,301 answers this week

2,841 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary