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Filed: Other Country: Brazil
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Posted

Hi Everyone

I'm currently working on a Visa application (L-1). We are a brazilian based company starting a new business in the USA (started in october). I came to USA under B visa and had successfully setup the company and started everything. No I'm back to Brazil but want to return as an intra-company transfer (L-1). We have an american business partner in the company and I want to come to join him. We are a small business.

We have an attorney taking care of our case, but there is one question I would like to see some feedback from this forum.

One of the L-1 requirements is a LEASE contract, or sub-lease.

We are a tech company and we really don't need a full space, there are tons of co-working spaces with private or shared spaces, that are affordable and really effective for companies like us, we currently use them. The problem is that those spaces don't offer real lease,they do a license contract, like a permission to use the space, with lot's of rules and things that are similar to a lease, but it's not considered a real property lease.

The question is: Do you guys think we should find a real lease and invest on that even though it's useless for us or a license contract (for a completely private office space) is acceptable?

Thanks a lot!

Geraldo Ramos

Filed: Other Country: Brazil
Timeline
Posted

What did your attorney suggest?

Says that a traditional lease (big huge pack) is the best, but she is not saying a license is not acceptable, I can't find strong information about this anywhere, I'm just trying to confirm a license agreement is sufficient.

All the buildings I contacted for an office in New York, uses license agreements, not lease, even though it says: Lease agreement or Sublease agreement, it's a License not Lease in the end.

Huge traditional leases are used in big spaces, entire floors, etc...

As soon as I'm securing an office space for 1 year, I guess thats what USCI wanna see and we should be fine, right? It's pretty confusing.

On USCIS website, it says:

"While the amount of physical space may vary depending on the nature of the business, an appropriate space must be secured through lease, purchase or other means."

License, sublease can easily be considered other means, I think.

Thanks!

Filed: K-1 Visa Country: Wales
Timeline
Posted

It is a very small part of the overall picture.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 1 year later...
 
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