L1 VISA - Opening a subsidiary in US of UK business? Advice please :)

[LewisHart]

Hi guys,

Just had a question with regards to opening a new business.

My mother and I both work in graphic design / film for many years, she runs a LTD company in the same industry.

I have worked off the books freelance for her for some time, we are aiming to open up a branch / subsidiary in CA as the industry is larger over there.

I read that regardless of A or B routes in L1 visa you have work either directly/freelance for the company for one continuous year, I have worked off and on over the past years, but not a managerial capacity.

Our aim is to open a new branch/sub as mentioned, with me possibly being in a managerial capacity to source freelance work in the US in a new office.

Would we be considered as specialist knowledge suitable for L1B visa?

Or would I not be suitable because Im aiming for a managerial capacity in the new US office?

As I said Ive worked off and on off the books for her, so nothing on paper sadly.

What would be the best route to attaining a L1 visa for us?

Thanks a lot
Lewis & Paola

[inadmissible]

L visas are for inter company transferrees. They can't be used by self-employed persons, even if they operate in corporate form

[LewisHart]

L visas are for inter company transferrees. They can't be used by self-employed persons, even if they operate in corporate form

Somehow I can't see how your correct, because it says online in many places that its suitable for a managerial capacity individual moving overseas to open a new office, branch, subsidiary of a LTD company. Her company isn't self employed its a LLC.

Which is exactly what we are doing?

[inadmissible]

These are the red flags you will have to overcome (and if you don't, these will be the basis of denying your petition):

Lack of bona fide employer-employee relationship
Transferee has not been employed for a year
Transferee has not been working in managerial/executive capacity
Intended US office will not support manager/executive employee within a year of startup
Inability to pay proferred wage, or proferred wage not consistent with managerial/executive role

The terms "employee", "manager", and "executive" have specific meaning under the federal regulations authorizing L visas. The fact that you freely adopt these terms does not mean you meet the requirements of the visa

At a minimum, an employee is someone the petitioner supervises, hires, fires, pays, and evaluates on an ongoing basis. Self-employed persons, controlled corporations, and family owned companies rarely meet this standard

A manager supervises the professional employees who generate work-product for the company, or manages the supervisors of non-professional employees who generate work-product for the company

An executive is given wide latitude by stockholders or the board of directors to set policy and direction for the company

"The duties of a position must primarily be of an executive or managerial nature, and a majority of the executive’s or manager’s time must be spent on duties relating to policy or operational management. Managers and executives plan, organize, direct, and control an organization’s major functions and work through other employees to achieve the organization’s goals. " (9 FAM 402.12-14(B), my emphasis added) In a small company, you wear multiple hats, including taking significant (perhaps exclusive) responsibility for generating work-product