US Permanent Residency Through Business Expansion
International business proprietors and managers are the best, as far as the United States of America immigration law is concerned. This is why they are categorized as having the top priority when it comes to United States of America Permanent Citizenship. This piece explores how owners and managers of foreign businesses may benefit from this preference to secure permanent residency ("green card") category in the US for themselves and their families in less than 2 years.
Global business proprietors and managers are the cream of the crop, as far as the United States immigration law is concerned. This is why they are categorized as having the top priority when it comes to United States of America Permanent Citizenship. Their cases are exempted from Labor Certification, and glide through the Green Card method fairly effortlessly, as long as they meet the minimum requirements: At least 1 years work experience as an manager (or professional manager) for a company that has an connection, secondary or parent in either the United States of America, or any foreign country.
Although the above releaved method is fairly noticeable and straightforward in the case of an recognized ownership arrangement between companies on both sides of the ocean (or, on either side of the border, in the case of Canadian and Mexican entities), it is much less apparent when there is simply a foreign company (or companies) and no allied United States of America entity. In such a case, the relevant United States of America immigration laws and policies give for the succeeding special way to United States permanent residency through business growth:
1.) Establishment of a new, qualifying United States of America group;
2.) Reassigment of a Manager from the foreign company to the new United States association, via an L1 visa, to expand and direct the start-up processes, including the recruitment of the group; and
3.) Appeal for Permanent Residency for the Director and his or her dependents.
The whole procedure from primary reassignment to United States permanent residency status, if accurately and expeditiously handled, may take as little as 1.5 years to complete. In the interim, both the foreign company and the US company must maintain to do business in earnest.
While the size or the turnover of the foreign company is not directly significant to the granting of the first L1 transfer visa, only those businesses or organizations that lend themselves to a communal structure are likely to be found to be qualifying organizations. This frequently rules out retail business and restaurants, unless the parent organization owns and operates several units from its corporate offices.
Similarly, while the US supplementary or partner need not mirror the foreign company in its business actions, it must also lend itself to a corporate arrangement to be considered a qualifying organization. Thus, if a foreign company's objective is to reassignment a executive to the United States of America - either temporarily or permanently - we are of the belief that it should steer clear of retails shops and restaurants.
The ease of the above-specified procedure has recently led some US Immigration Service Centers to raise concerns regarding the bona fides of some of these business expansions, especially those originating outside of Western Europe. These concerns are expressed in the issuance of lengthy Requests for Evidence (RFEs), which demand copies of corporate minutes and resolutions, as well as feasibility studies evidencing that the business extension plan reasonably preceded the initial transfer petition. Thus, it is recommended that one allow no less than 90 days to properly law the groundwork prior to the filing of an growth request with USCIS.
