Can I start a new company in US and apply for L1-A visa?

Just having a registered company in India is not sufficient. However, if you meet the qualifications, you might be able to do this. *L-1 Intracompany Transferee Visa Petition* An L-1 Visa is one of the nicest working visas as it allows you to run your own business or a business owned by the foreign company. If you have your own business outside the U.S. and have been working there for at least one year, you can come to the U.S. on the L-1 Visa. Additionally, your spouse and unmarried children under 21 years old can come as beneficiaries to your approved L-2. Your children will be able to go to school in the U.S. without having to get a separate student visa (as long as they are not in college.). A great deal of the success of the L-1 Petition is how it is prepared. Unlike other investment related visas, the investment in the U.S. business could be as low as $10,000U.S. My firm can prepare the entire petition. This petition is usually 2-4 inches thick. It consists of the petition itself, the complex business plan with numerous charts and figures, and if needed, the incorporation papers. Once submitted, it could take as little as a couple of months to get approved if premium processing is used. Otherwise, it could take over one year. It cost $1,500 more in fees to do the Premium Processing. My firm can also do the incorporation of the business in the U.S. It is more than simply preparing the Articles of Incorporation as immigration requires many other documents such as the Stock Transfer Ledger, Stock Certificates, Bylaws, Notice of Meetings among other items.

From what you describe an L-1A visa is likely a good fit for you. I would need more details regarding the current company and the plans for the new office in the US.

You have an interesting dilemma. You have two issues at hand. Yes you can start a new company in the U.S. Depending on the entity you desire, the formal entities of corporations or LLCs require registered agents to be physically present in the States, however an L1-A visa are available to employees of an international company with offices in both the U.S. and abroad. The L1-A visa allows foreign workers to relocate to the corporation's U.S. office after HAVING WORKED ABROAD FOR AT LEAST ONE YEAR PRIOR TO BEING GRANTED L-1 status. The U.S. office must be either the parent company, subsidiary, or sister company to the foreign company. Thus to gain access to the U.S. under an L1-A visa, you must have at least worked one year for the company in India before you relocate to it's U.S. office, but you will need to establish the relationship of the U.S. office to the foreign company that you worked with for at least a year. An L1 visa last three years and can be used to obtain a green card. You do not need to be physically present to start a U.S. company, but you do need an agent or representative present in the U.S. to do business with that company. Call or email to discuss this further, you present a very fascinating situation that will need great care to complete the processes correctly. Visa applications are very lengthy and time consuming, you need to start right away.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.

Yes, it is possible to set up a new entity in the US and have that entity file a petition for you as a manager/executive under L-1 visa if (1) the US entity qualifies as a parent, subsidiary, affiliate or branch office of your India company, (2) you have worked for your foreign company for at least 1 continuous year within the 3 years preceding the filing of the L-1 petition, and (3) you are coming to the United States in a managerial or executive position, as defined under the regulations. Since the entity is a new business, the petition must show that a physical office to house the business has been secured and that there is enough funds to cover the cost of the operations, including your salaries, for at least 1 year.

This may be possible, but due to the legal burden and voluminous documentation required for the application, it is highly advisable to retain an attorney. If you do not submit the appropriate documentation, USCIS could issue a Request for Evidence, and legal fees may be even higher at that point because you have a "tainted" record. Our law firm would be happy to assist you with this matter.

The short answer is yes. L visas are being highly scrutinized by USCIS and there have been problems with rejections even at large internationally known companies. You would be well advised to seek counsel to assist you with this petition. Please contact the office for an appointment.

If you have a business with a physical location that will be involved in substantial trade between the US and India, it is possible to apply for L1A visa to start a new location.

In order to qualify for the L-1A visa, you have to be the majority owner of the Indian company as well as the US company. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.