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Starting a Business While On A B1 B2 L-1A Visa

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  • http://www.uscis.gov/portal/site/uscis - U.S. Citizen and Immigration Service Portal
    • Documentation for B1 temporary business visitor - link
      • If you who wish to stay beyond the time indicated on the Form I-94 without departing from the United States, you must file Form I-539, Application to Extend/Change Nonimmigrant Status and submit any required supporting documents to USCIS. For more information, see the ”Extend my Stay” link to the right.
    • Getting a green card through a job - link

Get Greencard through starting or investing in business

  • Getting a greencard through investment or entrepreneur link
      • You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to the individual.
    • More about these cases - link
      • Only 10,000 visas per year, must employ at least 10 U.S. citizens or lawful permanent residents
      • Other limitations:
        • if a new commercial enterprise’s limited partnership (LP) agreement contains a buy-back agreement (i.e. a redemption clause guaranteeing the return of the alien investor’s capital investment), then the alien investor’s capital investment will not be a qualifying “at-risk” investment for EB-5 purposes.
        • These must be new employees.....
          • If the petitioner has invested in an existing enterprise, he or she must demonstrate how the investment will cause the creation of at least 10 additional fulltime positions. Merely purchasing a share of a business from an existing shareholder, without more, will not qualify, since the payment goes to the former shareholder rather than towards the development of the enterprise.
          • If the employees have already been hired, the petitioner must submit copies of tax records, Forms I-9 , or similar documents relating to the 10 qualifying employees. If the employees have not been hired, the petitioner must submit a comprehensive business plan demonstrating the need for 10 new employees.
          • If the petitioner purchases a troubled business, it must be demonstrated that the number of jobs at the pre-investment level will be maintained for at least two years. To qualify as a troubled business, it must have been in existence for at least two years and have incurred a net loss for accounting purposes of at least twenty percent of the troubled business's net worth prior to such loss. The loss must have been incurred during the twelve or twenty-four month period prior to the priority date on the Form I-526 .

Search for more government documents about entrepreneur - link

Other related forms

  • USCIS I-829 - Petition by Entrepreneur to remove conditions link
        • $3750

Other useful information about business and visas

  • Useful summary of reasons why B1 visa is given instead of H1B - link
  • More about B1 - link
    • Make an investment to start a business (pathway to E2 visas)
    • Open up a branch office of foreign company (pathway to L1 visa)
  • The ABC’s of Immigration: B-1/B-2 Visas - http://www.visalaw.com/05mar2/2mar205.html
    • Readers are cautioned, however, that the INS could deny a change of status request if they believe the person entered with the intention of switching to another visa.
  • Personal stories about requesting extensions link
    • Yes. If the officer thinks that their ties to their home country are not strong enough, the officer may limit the visa validity and/or issue the visa for single entry.
    • Can visitor stay be longer than 6 months - No - link
      • if there is a specific reason why they would need to extend their stay beyond 6 months, they need to file extension of stay application. Though, keep in mind if they end up staying more than 6 months in current visit and later on also visit more frequently it may cause issues in future for their entry.
  • http://www.ehow.com/how_5873499_start-business-l1-visa-usa.html - Starting a business while on L1 visa
    • Recommends incorporating - register business, get EIN, separate corporate bank accounts,
    • NOTE: Article is general article about incorporating, it doesn't have advice about visa's other than this: Your L-1A visa is tied directly to your employer. As such, you may NOT draw a salary of any kind from your new business, nor may you transfer your L-1A to your new company unless it is affiliated with an overseas company (similar to your current employer). You may, however, draw dividends from your company without running afoul of immigration laws--you should speak to your accountant about this. Also, if you want to explore other visa options to run through your new company, be sure to speak with an immigration lawyer.

Things to think about when an immigrant is using an LLC:

  • Wallstreet Esq. :

    Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

    As a b1 non immigrant, you can invest into your LLC and use the LLC to start a business, however you have to be careful not to be considered as working for the LLC or being an employee.

    If the LLC is going to run a business, it has to be registered to operate in the State you wish to run it, but aside from that you are fine.

    All transactions should be made through the LLC and not you.

    If possible make sure the individual in charge of the LLC is a legal resident so they can complete the corporate tax forms with no issue.

    Question: Can a B1 investor legally get a loan from a bank

    A b1 could not obtain a loan, in most situations, that does not mean you cannot, if you have foreign income an assets to disclose, but it is rare.

    A tax id is fine if the LLC is purchasing the property.

    banks offer foreign purchasers a variety of mortgage products and typically lend foreign purchasers between 60% and 75% of the total purchase price of the property,

    If you intend to purchase the apartment as a personal residence, you will be required to provide a copy of a valid passport AND a copy of your United States Visa.

    If instead, you are purchasing only as an investment, you will only be required to present a copy of a valid passport to establish your identity.

    In NY foreign investors and b1 visa individuals purchase property all the time so it is not a major problem.

    Customer : so presiciely a b1 investors can buy property in his name ,also on a llc name,and the decision of the loan resides on the terms of a banker,if on a individual name(b1) only a tax identification is suffice in some states (if not social security) and if in name of an llc we are fine with fed tax id too

    Customer : also does virginia require a social security number to buy a property(b1 investor)

    VA does not require a social security number if the purchaser is a foreign investor.

    Customer : so it only reqires a personal tax identification number?

    If purchased as a foreign investor no number is XXXXXX at all.

    Question: Is B1 category sufficent for business purposes or would you suggest another type of Visa.

    A b1 is a limited visa and you are not allowed to work, an e-5 investor visa is best, but you will need to show $1,000,000 in investment, but you will receive a greencard.

    here are three basic requirements as follows:

    • First, the alien must establish a business or invest in an existing business that was created or restructured after November 19,1990
    • Second, the alien must have invested $1 million ($500,000 in some cases) in the business
    • Third, the business must create full-time employment for at least 10 US workers

    Question: b1 visitor i am talking of is a indian national and i doet think that india and america are into those treaty countries where a person is eligible for e visas(E catogery),correct me if i am wrong?
    Wallstreet Esq. :

    You are talking about an e2 visa I am talking about a e-5 visa, no treaty is needed, and Indian nationals use this

    Source:

How staying with a boyfriend could affect your Visa

  • only a U.S. Citizen has any right to enter the U.S.
  • not even the U.S. Lawful Permanent Resident spouse of a U.S. Citizen has a right to enter

If you stay up to 6 months and leave a good amount of time, you should not have a problem getting another 6 months. However, 6 months in, 5 months out and then coming back and asking for 6 months may or may not work. It depends on your reason for traveling, your preparations to go back and your ties to your home country. You may have to do some convincing, or they may not ask you anything at all. It's almost like a lottery because you never know who you will get. But I can tell you that they should not find out about your boyfriend. That would be a negative against you as they may think you will want to marry even though you say NO NO NO.

As far as a 1 month trip to Africa....when you come back, they can give you 6 more months. The only times you cannot "reset" the time is if you travel to Canada, Mexico or an island adjacent to the U.S.

Read more: Immigration Law Questions - I have a multiple entry B1/B2 visa for 10yrs. I used it in - JustAnswer http://www.justanswer.com/immigration-law/2lwfq-multiple-entry-b1-b2-visa-10yrs-used.html#ixzz1HSaojntf

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  1. Apr 15, 2012

    Anonymous

    if some one stay for one month in US and then travels backs to his country(India) and after  40-45 days he enters US...would there be any problem on a valid multiple entry visa ?  

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