After the decision has been taken, is for business to settle in the United States, there is often the question of what is the appropriate visa: the L-1A displacement Visa or E-2 Investment Visa. Which of the two visas offer the best way depends on the individual case. When L-1A visa, the applicant should be clear about it, that the L-1 A visa may not be extended and must be applied as an alternative e-2. However, this can lead to the same green card as long as the home business is maintained.
L-1A dislocation Visa
The L-1 A visa serves as a transfer visas for executives and managers. Basic requirement is that the applicant worked as a director or manager in a company outside the United States, which then opened a branch in the United States and added that employees there.
The employment relationship must be a year at least already. The "home company" must be active and stay as long as the L-1A visa runs. The "home company" should show workers.
The US company must be registered and set up. These include a rented and furnished office, bank account, business plan, etc. Simultaneously, the US business must be able to demonstrate the need to move an employee from the top management of the parent company in the USA. This stems mostly from the complexity of activities and the number of employees still to be set. There is no minimum required investment.
Must pass a qualifying relationship between the home company and the US company. In simple terms the same ownership structure must exist. As long as the L-1A Visa is issued, depends on how long the US company already exists. If there is this less than a year, the L-1A issued Visa, initially for one year and can then be renewed twice for three years.
With the extension of the L-1A Visa is the "snag" of this visa. It is demanded that the US company has so many employees that the CEO or manager only digested. The bar is set high. But that does not mean that it is impossible, but it is not easy to come by.
What alternatives are there if the L-1A extension not is positive? As a rule, can then be swung around to E-2. All issues that were also made throughout the year and before, can be considered as an investment.
A widespread question is whether is not obstructed by the change from L-1A also the way to a green card. This is not the case. As long as the home business is maintained and the managing director or manager shall act in that position in the United States, the basic elements remain intact regardless of whether the applicant has an E-2 or L-1A Visa for Multinational Manager Green Card.
E-2 investors Visa
The E-2 investors Visa requires an investment of at least $ 80.000 to $ 100.000 in the purchase or re-establishment of a US business.
Again, the US company has set before visa application and be ready for occupancy. When an existing business is acquired, the purchase agreement and the purchase price must be located on an escrow account. The transfer of ownership may be under the condition of the issuance of visas. When E-2 Visa It does not matter whether the applicant has a "home business" or not. The visa is issued for up to 2 5 years and includes, as the L-1A Visa, spouse and children up to 21. Years with a.
So far, there is no direct path from the E-2 Visa Green Card. Although the draft law is already available, but it is unknown whether, and if so, when will a decision on that. That is, if the investor wants to Green Card and has an active company in the home country, then it is advisable to maintain this in order to preserve their way of Multinational Manager Green Card. Because this assumes that the applicant is actuated in two companies active in two different countries as managing director or manager.
This article does not constitute specific legal advice, but is solely for general information.
The author Sabine Weyergraf has been transmitting a lawyer in the US state of New York and practiced in your own firm-Weyergraf Immigration, PA in Sarasota, Florida.