I was last week as head of international division. I would like to acquire a US entity, If i travel to the US next month per say on a B-1 and spend 9 months there looking for a company to acquire, will I still qualify for an L-1 intracompany transfer 1 year from now?(since I haven't physically worked for the company abroad for a year)
No, if you haven't worked abroad for the company, you can't get an L-1.
BUT, it might be possible for you to say with the overseas company and get a visa to come to the US to 'start-up' a US subsidiary.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 35 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You and the petitioning company must fulfill all of the requirements for the L-1 eligibility including but not limited the proper relationship between the U.S. and the foreign entity and the requisite period of qualifying employment abroad.
To qualify for an L-1A multinational manager/executive transferee, you MUST have previously worked for that foreign entity for at least 1 full year prior. No exceptions.
Your foreign employer can still seek to have you obtain a B-1 visa for short trips to the USA during that year you are required to be employed abroad, however, each such trip's duration will have the effect of extending that "1 year" beyond 365 days..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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