L1 or E2 visa

[tonydeo]

Hi. I'm not quite sure which visa route I should be going down. I have my own IT business in the UK and want to move to the US and start a new company doing exactly the same. My company is a limited company but I have no staff just my wife and I work for the company. I want to keep the company running in the UK, would I qualify for the L1 or do I need to go down the E2 route?

[lizzie anne]

Hi, we are in the same situation - we have an IT company, just the two of us. Our attorney thinks the L1 is 'worth a shot', the main challenge I think is the size of the company. He is asking for an org chart - now & a year ago (when we employed 4 other people) though I'm not sure how past size will help? My other concerns are that we don't have premises here & will have to secure them in the US as part of the application process. I'm guessing we will have to pull the money together for an E2 as I doubt our company will qualify. Does anyone have any experience with getting an L1 with a small company?

[tonydeo]

We have spoken to two attorneys one has said the same as yours that the L1 is worth a try but no guarantee. The other said that our only real way is the E2 however as this never leads to permanent residency it's not the preferred option. We have not had any staff previously but I think the issue will be who will manage the UK business if we are in the US ?

[EVHB]

If you would like to take the L1 route, you will have to hire a 'manager' for your UK business, as you will have to keep that business running (otherwhise it is not an intra company transfert anymore), and as far as I am aware, they don't allow you to run the UK business from a distance.

[tonydeo]

Is there a stipulation in how many people you need working within the uk company or will just hiring a manager suffice.

[Pinkjellybean]

Hi,

My husband and I owned at IT consultancy firm in the UK. We looked into expanding into the US, we also had the same worries with both the L1 and E2 visas. L1 was too risky as the company was too small in the UK and E2 wasn't permanent! In then end my husband was offered a job and sponsorship (H1B visa) leading to a green card (even if it does take forever!). Have you thought about that route?

[tonydeo]

Have thought about it but have had difficulty getting a job and the way the markets are at the moment it would probably be impossible getting the right job.

I don't want to lose what I have built up in the UK.

I suppose I was hoping that someone in my position had made it across the pond on a L1. We don't like the uncertainty of no green card.

[twostep]

I see no inter company transfer of management in a two-man shop.

[lizzie anne]

Do you know how many employees / size of business there need to be to fulfil the L1 requirements? We are considering a merger with a friends company - he has 4 full time employees.