1. Yes, if the employee has been working for one of your companies for at-least 1 year and .. if you are willing to spend more than $100K ... which is sort-of the bare minimum for establishing a US branch office ... equipment, lease, local employees can consume that money quickly.
2. Too complicated for an internet blog. Consult with an attorney in private. Many of us do this with Skype. Thus, you can go it anytime you're ready.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is 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.
Is it feasible? Quite possibly, but more information is needed. Additionally. there is no way to advise you of what to expect and the costs of representation until all the fact of the case are known.
Consult with an experienced immigration attorney who can review the case, advise you what to expect and what needs to be done to accomplish your goals. Based upon your facts you should be well aware of the value an experienced attorney brings to the table. This forum is not the place to get legal advice.
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. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
Too many in depth case specific questions for a free Internet consultation.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature 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.
This is definitely a possibility worth exploring in more detail as one of the potential options is an L-1 visa for an executive level employee who has been based with the foreign enterprise for at least one year and will be entering to work as an executive or managerial level employee. Even a specialized knowledge individual could qualify but this has some intricacies that should be understood. Also, the investment amount may or may not be sufficient as this depends on a deeper understanding of the business, industry norms, size and scope.
The L visa is complex and issues relating to company ownership, business planning, job duties, etc are vitally important.
Feel free to read some articles regarding the L visa on www.pretoriuslaw.com.
Immigration Lawyer - The above statement is only intended to be general in nature and is in no way to be taken as legal advice. A complete consideration of all facts is not possible in this setting and is necessary in order to provide any legal advice. Feel free to contact me directly for legal advice. This communication does not create any attorney-client relationship.