Thank you for your inquiry.
Based on this initial info you provide, the two likely visa options may be the L-1 or E-2. The L-1 would be considered a "new office L-1". The option may be the E-2, but the L-1 would be the first option to review.
Below please find an overview of the L-1 option:
I. L-1—Intra-company Transfer—Non-Immigrant (Temporary)
An L-1 is intra-company transfer status accorded to an individual, employed for at least one continuous year out of the last three by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge. There are two types of L-1's- L-1A and L-1B. An L-1a is a manager/executive and an L-1b is an individual with specialized knowledge of the company’s operations.
An L-1 intra-company transfer is an individual who, within three years preceding his application for admission as an L-1 to the United States, has been employed abroad continuously for one year by a parent, affiliate or subsidiary of a U.S. company. The individual must be coming to the U.S.to render his services in a capacity that is managerial, executive or a position that involves specialized knowledge.
In addition to qualifying the individual and qualifying the corporate relationship, the L-1 also requires that the foreign company remain active. It is critical that both the U.S.and foreign company continue to be active in their business operations. This requirement is important because an L-1 individual must have a foreign company to be transferred back to after her L-1 status in theU.S.is complete.
Spouses and children under 21 may receive L-2's valid for the duration of the L-1. Spouses of L-1's may now obtain work authorization as an L-2 and my use that work authorization to wok anywhere in the U.S.
The L-1A has a maximum total duration of 7 years. The L-1B has a maximum total duration of 5 years.
New Office L-1
If the individual is being transferred to start up a new office/location in theU.S., the L-1 will be approved for one year. You may be eligible for a three-year renewal after one year by showing the new office is active and viable and that the foreign location remains active.
You can find an overview of the L-1 at:
http://srwlawyers.com/l-1-visa/
You should consider consulting with an experience immigration attorney to discuss your specific L-1, E-2 or additional visa options.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Oct 16th, 2012 at 9:29 AM