UK company expanding to US, sponsoring b visa
I work for a UK LTD company who wants to expand to the US. They're arranging the paperwork to start a US business entity, and we have a queue of US customers that means this business will be profitable immediately.
I would personally like to oversee the initial phase of the launch, and I don't think the three month visa waiver period is long enough.
Am I right in thinking my options are:
A) travel on a waived visa (3 months), begin operations in the US then apply for a business visa (further 3 months) from within the US to extend my visit
B) apply for a business visa (6 months) then try for sponsorship from the new US company
C) immediately apply for a sponsored visa before the business is even trading
Are any (or all!) of these options impossible? I don't know where to concentrate my energies.
Any help or guidance would be well received.
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If you've been working for your company for over a year, you should look into the L1 visa. – Frenchie 11 years ago
1 Answer
Generally, your company can probably afford a US immigration lawyer to handle everything. This is not a "do it yourself" situation. So don't bother thinking about it as it is not for you to think or decide.
Specifically to your questions:
travel on a waived visa (3 months), begin operations in the US thenNot an option. You cannot do that. Visa Waiver entry forbids any changes or extensions. If you entered on VWP - you get 3 months B1/B2 (visitor) status, you cannot be employed or do any work, and you must leave after 3 months, no exceptions. B1 status (business visitor) is not applicable here, as you plan on actually working ("overseeing"). It is only intended for those coming to conduct business - meetings, sales pitches, etc. Not something that is an actual job.
apply for a business visa (further 3 months) from within the US to
extend my visit
apply for a business visa (6 months) then try for sponsorship from theNo such thing as "business visa". You must be thinking about the standard B1/B2 (tourist) visa. This is not a "business visa", and no-one promises you 6 months stay (although it is common). This is basically the same as VWP, except that you can stay for longer and change status. This is still not applicable for you, as you plan on working and B1/B2 forbids working (whether you entered with a visa or without - doesn't matter, its the same B1/B2 status).
new US company
immediately apply for a sponsored visa before the business is evenThat's your only option. If you qualify - you can get a L1A (international manager) visa, but your company (not you!) must request it.
trading
As I said - this is something your company should hire a US immigration attorney to deal with, and that attorney will advise you properly. This is not a legal advice and I'm not a lawyer. Employment visas are not "DIY", and you have to have a proper legal counsel at every step.
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Thank you so much for your concise reply. I think I wasn't clear on a couple of things, my apologies. Firstly, yes - by business visa I meant B1/B2. Secondly, when I said 'working' it falls under the scope of the b1/2 visa regulations, i.e. negotiating sales etc. With this in mind, would it be possible to travel on a b1/2 and change status later if the sponsorship goes through? I ask this because, wouldn't it be harder to have the new US business sponsor me before it has any cash-flow? We have a list of customers waiting, so we know after just a few months the company will be profitable. – Stuart Hall 11 years ago
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@Stuart I personally am not an immigration lawyer, but it is my understanding that sales pitch that requires a 1 week visit is fine with B1, but being employed as a full time salesman for 6 months - is not at all. As I said - this is something not to do without a lawyer. The lawyer can tell you, for example, that you're not the first one to open a US branch of a foreign company, and there's a proven and well-known legal path wrt the visas on how to do that. To the best of my understanding, L1A is exactly what you need, and I don't know why you want to get in trouble avoiding it. – Littleadv 11 years ago
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I was completely unaware of the L1 visa, I wasn't trying to avoid it at all. It sounds like exactly what we're looking for, and we're researching it now. Thank you all for your help. – Stuart Hall 11 years ago
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@StuartHall good luck. If everything is in order, L1 is very quick to obtain (no quotas or unnecessary delays). – Littleadv 11 years ago
