Company is setting up a branch in the US

[wolfhawk]

I am Canadian, and work for a Canadian clothing manufacturer. The powers that be, are looking to set up an American head office/manufacturing/warehousing site in the US. I will be the one setting up shop, hiring, training and managing the business. What kind of visa should I be going after? Also added to the mix are my two sons aged 12 and 14 who will be coming with me.what do I do for them?

[Steven]

You're looking at L-1A I think or E-1 (or possibly E-2, depends on whether this is a completely separate division or whether it is part of the supply chain for the Canadian business). Or possibly both, one after the other.

L-1A (intracompany management transfer) is relatively straightforward to get, you get the paperwork proving that you are setting up an office, will be responsible for managing it, etc. (have a look on the USCIS website for the exact standards to get it) and you can apply at the POE, costs $820. They do check over L-1A applications a bit more closely when you're starting a new office, provided it's a genuine application it's not too hard though.

Dependents get L-2, but only spouses can work on L-2, kids can go to school on L-2. Simply show proof of family ties, such as birth certificates.

In this situation L-1A is valid for one year while you set up the office and can be renewed for two-year periods for a total of seven years, this is the snag with it and why E-1 is a better if you're going to be doing this long-term.

E-1 (treaty trader) is however much harder to get and requires a lot of paperwork. I strongly advise you to use an immigration consultant for E-1 who is familiar with how to apply for them, it requires financial statements and so on for the business. The advantage is that it can be renewed forever in 2-year increments, provided the business keeps going.

The downside to L and E (and nearly all non-immigrant categories) is that your kids have basically no status in the US.

They can go to school but they can't work, and when they turn 21 they have no status at all. They can go to college in F-1 status (which allows limited employment as well) but you would have to pay foreign tuition rates and they can't get student loans.

There's no easy way of going from L-1A or E-1 to permanent resident status either, especially in this situation (because you are the guy in charge). You would only be able to adjust status through some other means, for example if you got married to a US citizen.

Have a poke through this: http://toronto.usconsulate.gov/content/ ... ment=evisa

[wolfhawk]

Hey Steve, THANK YOU! Crap, I've been trying to get answers for a month.yeh.I've been asking the wrong questions in the wrong places.aw well, live and learn!

I checked the site,it has the information that I need, E1 is likely the route I will go for myself. I'm in this for the long haul and hopefully legislation will change by the time the boys reach 21, they are only 12 and 14 at the moment. AND even more hopefully, there will be other avenues available for immigrant status that aren't dependent on whether or not I find someone there that I'd consider spending the rest of my life with.or more importantly, who can put up with me :o)

ps.I be the girl in charge :o)

[wolfhawk]

.and I forgot to mention that the operation in the US will be a mirror to the Canadian one. Same company but independent of each other in the sense that the Canadian site supplies the Canadian market and the US site will supply the US market, there will be no supply chain in either direction. UNLESS of course it would be better if there was?

[Steven]

It doesn't really matter as long as the situation stays the same, if there is a supply chain there then it can be E-1, if the supply chain ceases to exist though (say the Canadian end goes bust) then it would probably be E-2. You can always re-apply if that happens.

Either way it's an E visa and the application process is similar.

I wouldn't bet on the legislation changing. E visas have been around since 1924 and I think it was only in 1999 that they allowed spouses of E visa holders to get work authorization.

The current move in Congress is for immigration laws to be more employment-based rather than family-based anyway.

Some friends of a relative of mine were in this situation, when their son grew up it created a headache for them. Even if they want to go to college in the US the tuition costs are killer.

The only exemption is that in some States they will allow people on H entries to get in-state tuition, but I can't see how you could get H in this situation and I've never thought it helps much because most college students stay in college until they're older than 21 anyway.

If you live near the border I suppose it's not as big of a deal.