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Starting A Business - Non Immigrant Visa - Transfer To Green Card

Discussion in 'Special visas for entrepreneurs/inventors' started by BITCOq8, May 18, 2015.

  1. BITCOq8

    BITCOq8 New Member

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    Hello Ron!

    Im an Indian (indian passport) currently holding the B1/B2 Visa and am a regular visitor to the USA. I own a well established business in Kuwait and am born in Kuwait.

    I have looked into the business investor visa's and investing $500k is not currently an option. Im looking to start a subsidiary in the USA and see how that could enable me to bring my family over and eventually get a green card in the long run.

    What is my best option/route for such a case and enable us to get the green card in the best possible time frame and ease.

    Many thanks,
    BITCOq8
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Depending on the type of business you are in, consider opening a branch or subsidiary in the U.S. You can transfer yourself as an L1A nonimmigrant. You will have to continue to operate the business in Kuwait actively. You will also have to operate the business here actively. after one year of active operations here, you can file a petition for employment based first preference "C" classification and immigrate immediately.
     
  3. BITCOq8

    BITCOq8 New Member

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    Thanks for the immediate reply Ron.

    My sister lives in the USA with her husband and they both are green card holders. Does this help in anyway?

    With regards to operating business in Kuwait actively, its an active business since the last 17 years. We are into different branches, namely Information Technology ( hardware, software and manpower), Oil & Gas (Supplies and contracting) and Manpower (outsourcing of manpower services to corporate companies)

    Any idea on the usual timeline for the petition to be accepted?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your sister won't be able to sponsor you.

    As for the company, make a sound business decision as to what you want to do in the U.S. and then follow through on that. Once the company is set up, you should be able to get the L petition approved within a month and a half and then get your visas within another month.
     
  5. BITCOq8

    BITCOq8 New Member

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    Many thanks for the reply.

    Is it possible to submit the application for L1A before the company is being setup? As an employee who will be coming to the USA to setup the office/business?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can file the L petition once things are underway, but you will need, at a minimum, to show that a company has been organized, you have made arrangements for office space, funds in the bank, and a detailed business plan.
     
  7. BITCOq8

    BITCOq8 New Member

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    Yes, perfectly understandable. With regards to funds, is there a min. amount that is required?

    Also, once the employee documents are filed, can his wife and kids (under 21) apply along with his application or after?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As soon as the petition is approved, both the employee and his dependents may apply for visas immediately.
     
  9. BITCOq8

    BITCOq8 New Member

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    Alright, and about the funds?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to have sufficient funds to set up the business and operate it until you achieve positive cash flow.
     

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