How can we set up company and have visas for the US? 20 Answers as of January 05, 2012

We have a company in China that produces window furnishing fabrics. We sell more and more to USA. We like to live and work in USA to better look after the customers there. Our family lives in New Zealand and all hold New Zealand passports. My wife and I have 50% shareholding in the Chinese company. I'm the managing director of the company working from New Zealand. My wife is one of the directors.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can try to look at the L-1 visa possibility. You would need to show a controlling interest in the foreign company and you would need to set up a company in the US that you also own/control.
Answer Applies to: California
Replied: 1/5/2012
Adesina Law Office, P.C.
Adesina Law Office, P.C. | Adebayo Adesina
You will have to register your foreign based company in the United States and apply for Business visas for the owner/shareholders and members of their family. It can be a long process but it can be done.
Answer Applies to: Illinois
Replied: 1/3/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You could set up a branch office in the US since you sell so much here. Upon doing that, you can then do a managerial transfer from your location to the US to set up the new office and thereafter oversee its operations in the US. If done well, you will both receive a green card from this. The initial visa can be obtained in a matter of months if not less. Of course, this is in a nutshell but we can help. Good luck!
Answer Applies to: California
Replied: 1/3/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
First decide where in the U.S. you would like your company to be located. Then we set up a U.S. legal entity with the requisite corporate relationship to your company in China and have the company here lease space, develop a business plan. They can then petition for you to obtain either an L-1A or E-2 to come to the U.S. to run the U.S. company. Always best if some money is being invested here to make the U.S. company successful and there are plans to also hire U.S. workers.
Answer Applies to: California
Replied: 12/30/2011
Kanu & Associates, P. C. | Solomon O. Kanu
You can set a company here and apply for E2 visa as an investor or L1 as intra company transferee.
Answer Applies to: Arizona
Replied: 12/30/2011
Ayodele M. Ojo & Associates
Ayodele M. Ojo & Associates | Ayodele Mayowa Ojo
You will need to invest 1 million dollars in the US economy. Get immigration attorney. It is complex with bunch of forms to submit.
Answer Applies to: Minnesota
Replied: 12/29/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You could qualify for a work visa if you set up a branch or subsidiary of the company in the U.S. if you worked at least one year at the related company in China and come to work at the new in the U.S.
Answer Applies to: California
Replied: 12/29/2011
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
What you need is a EB-5 investment visa. The amount required for initial investment is $500,000 USD, unless you want to set up a company in areas of development, then it depends on which area it is - they're usually located in rural places that need an economic stimulus. You will also need to keep a staff of 10 - all US residents or citizens, and pay full benefits for them. EB-5 is very complicated and requires a lot of work, attorneys charge between 30,000 to 50,000.
Answer Applies to: Florida
Replied: 12/29/2011
Marks, Calderon, Derwin & Racine PLC
Marks, Calderon, Derwin & Racine PLC | Ofelia L. Calderon
This is a complicated question that requires a review of the companys financial status and documents. There are a couple of different routes to take: one is the non-immigrant and the other is the immigrant. The non-immigrant E investor visa would probably work well and quickly but it is not necessarily a path to permanent residence. There may be a potential for the L visa as well depending on how the company is set up. The immigrant route requires a significant investment unless you can join with one of the targeted areas. You need to schedule a consult with an immigration attorney that specializes in this type of work.
Answer Applies to: Virginia
Replied: 12/29/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
There multiple options. Look into b-1 or e-2 if you want to set up shop in the U.S.
Answer Applies to: California
Replied: 12/29/2011
    Law Office of Eric Fisher | Eric Fisher
    The E visa may be a good option if you plan to invest at least $50,000 in a US business and hire at least one US worker. The E visa is only temporary, so if you are looking to move permanently to the US, you will need an investment of $1,000,000 and hire 10 workers. The process is complicated, so you should speak with an immigration attorney.
    Answer Applies to: Colorado
    Replied: 12/29/2011
    Perez & Gomez Law, LLC | Ana Maria Gomez
    There are different investment visas. the EB5 visa is the one who allows you to enter the U.S. with a conditional permanent residence first and moves towards non-conditional permanent residence. The Immigration website provides a good summary of this visa at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=facb83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=facb83453d4a3210VgnVCM100000b92ca60aRCRD. There are other visas that allow you to work in the U.S. as well.
    Answer Applies to: Minnesota
    Replied: 12/29/2011
    Yoo & Lee, LLP
    Yoo & Lee, LLP | Winston W. Lee
    You may qualify for L or other types of visas depending on how large your company is and other factors. How to structure the deal and what type of company to establish in the U.S. depends on what type of visas that you may qualify for. It's best to check with an attorney first before taking any action.
    Answer Applies to: Washington
    Replied: 12/29/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    There are several different alternatives that may allow you to receive extended non-immigrant and/or immigrant visas in the United States. It really depends upon what you and your wife wish to do and how much of an investment you are willing to make.
    Answer Applies to: New York
    Replied: 12/29/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    You can incorporate a business in the US, trnasfer funds, sign a commercial lease; then apply for the new office L-1A visa.
    Answer Applies to: Texas
    Replied: 12/29/2011
    Matthew I. Bernstein, Attorney At Law
    Matthew I. Bernstein, Attorney At Law | Matthew Ian Bernstein
    There are multiple options for you to come to the US; including the possibility of E visas, L-1A visas special immigrant investor visas, depending on the circumstances of the company. Our firm can assist you in setting up the company as well as with the immigration process.
    Answer Applies to: Illinois
    Replied: 12/29/2011
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    You may want to look into what is referred to as an L visa, or consider other investment options that could lead straight to a greencard.
    Answer Applies to: Washington
    Replied: 12/29/2011
    Bus & Nanthaveth, PLLC
    Bus & Nanthaveth, PLLC | Rachel Irene Bus
    It sounds to me as though your best option is to open a branch or subsidiary office of your company in the U.S. and then apply for either L-1A visas or for an EB-5 immigrant investor visa, depending on how much money you plan to invest and how many jobs you can create and sustain. Both of these processes are complex and I would recommend meeting with an attorney to discuss your options further.
    Answer Applies to: Texas
    Replied: 12/29/2011
    Clifton, Budd, and DeMaria, LLP | Seymour Rosenberg
    Before answering your question, there are a lot of questions I would ask. BUT to simplify matters the answer is YES you can form U.S. company that would be either your company a subsidiary of the Chinese company or any other legal affiliation between the groups. Forming a U.S. company is so simple I won't go into details all you might want to consider is where you want your U.S. company situated in the U.S. You, the Chinese company or both of you have to be at least 50% owners of the U.S. entity, which is allowed even though you are not U.S. residents or citizens. The secret to success in after creating this company is that everything should be transparently correct. The ownership, the investment, that it is really doing business, etc. With these basics in place everything should flow smoothly.
    Answer Applies to: New York
    Replied: 12/29/2011
Click to View More Answers: