I've been told by some attorneys that in order to get a L1 visa, my company outside of US has to own 51% of the company here in US, and some have told me that's not the case. Can someone please clarify? Also, my business partner and I own 2 separate companies in Brazil, but want to open only 1 here in US. Can we use this one company, if we'll employ more than 10 people to get L1 for both of us at same time? If not, what are the options? Thanks
There are various ways of structuring the relationship of the U.S. entity and the foreign entity in order to demonstrate the type of control necessary to qualify for the L-1 visa. I suggest that you visit with an experienced immigration attorney to assist you.
Hello ..... again.
The number of 51% is not a 'magic' number .. but it makes the application more 'solid'.
Yes, 10 US based workers is a good ... START.
Talk to an attorney in private via Skype ... re-packaging your questions won't really give you the information you seek.
PROFESSOR OF IMMIGRATION LAW for 10+ 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.
Even 50% will be enough, but that's just the start..
10 US employees is also a good start, but for an L-1A to be successful and to later lead to "green cards", you will need much, much more. Make sure to work with an experienced immigration lawyer on this. Otherwise will spend a lot of money and the entire operation will be doomed to fail as far as the sought-after immigration/visa benefits are concerned.
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There is no such absolute requirement. The companies can have an "affiliation" and qualify.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
There area number of different options available to satisfy the "related company" requirement of an L-1 visa. Company A owning 51% of Company B is certainly the cleanest and easiest way to establish a relationship, but the issue is not really ownership, but who (or what) controls both companies. Thus affiliation by common owners of both companies can often satisfy the requirement. As it seems that you have doubts as to the information you have been provided by the attorneys you have consulted I suggest you consult with another who has extensive experience with business related immigration.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
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