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AtomicUK

British National, New LLC, which Visa?

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I am having trouble identifying the correct information and course of action.

I am looking to expand my UK business by adding a US LLC.
We would be bringing music acts from the UK and Europe to the US for promo and tour work.

We would also look to take US bands to the UK and Europe via the existing UK business (or perhaps via the LLC, whichever was more appropriate.)

We will offer a complete package of services to the bands from US based companies that we would employ as third party suppliers / contractors to cover multiple roles.

My business is based on over 30 years experience and as I mentioned, we would not be looking to reside in the USA year round.
My wife (who works in the business) and I, just need to be able to come and go as future work projects require.

Having explored the LLC and the market requirement, naturally the visa is a critical issue, but this is still something I have yet to find a definitive answer to in relation to my business which works in the music industry.

1) The E2:
I always hear the $200,000 amount brought up, that kind of investment is not an option for me into the new LLC.

2) The E1:
Between the UK company and the new LLC, the plan is to bring US trade to Europe and European trade to the US and I have proven track record with this, but to what level is the requirement for an E1 visa?

3) Would a third possible option be for an American national to open the LLC or at least be a joint share holder in the LLC and that application for a relevant sponsored visa is made based on that?

This LLC route is an option open to me, as I have several American nationals wishing to invest in the expansion.

Could the P2 work here?

4) An O1?

5) A P2 Visa from an another US company wishing to work with me.

Are there any other options visa wise?

We just need to be able to travel without having to apply for a set term (such as a specific P1/P2 for a tour for one artist as I have had in the past.)

Thank you in advance.

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All good questions for an employment immigration lawyer. Fragomen comes to mind.


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L1

How many employees does the UK business have?

You basically need a visa that allows you to work in the US?

What will your US operations look like, will you have an office and staff or is it just you 2 want to work occasionally in the US?

Also wondering why this has not gone past the Lawyers.


“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.”

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L1

How many employees does the UK business have?

You basically need a visa that allows you to work in the US?

What will your US operations look like, will you have an office and staff or is it just you 2 want to work occasionally in the US?

Also wondering why this has not gone past the Lawyers.

Thank you for your reply

Staff in the UK are just my wife and I, everyone else we use is a contractor hired for the specific work as required.

Correct on the visa, when working with a band, we normally are allocated a P1/2 related visa that just covers the tour dates and with this new venture we need to be able to come and go to attend meetings, pitch for business and work music related events as well as tour commitments.

We are either looking to expand the UK company into America or start a new US company based on a complete American team that wish to work with us to grow a business module I have.

While in the US, most of the time would be travelling, so the need for an office is limited, but we are looking to have the LLC formed in DE and then to rent a residential accommodation close by in PA.

The staff will either remain just the two of us OR if the visa required it, we have an offer of joint investment from 3 American nationals, so we could end up with 4-5 co-directors / staff.

I am currently speaking to a US visa expert at this time also who knows me from previous visas I have needed, but I am here as I am always keen to hear as many viewpoints / options as possible.

I am interested in the L1 comment - the first time this has come up.

Could I conceivably transfer from my own UK company to my own US company or would the US company have to be an Independent that then made me a director?

Edited by AtomicUK

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L1 does not sound that likely as it is basically in US terms a Mom and Pop operation.

E2, well it is a buy a business or create a business and manage type visa with of course investment.

E1 do not know, see very few, might be worth following through.

H1b, well a lottery and by no means clear the US operation would past the test.

You need a US Immigration Lawyer, I get worried when I see visa expert, but assuming we are talking about the same thing they should look at what you have and what you want to do and work back.


“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.”

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L1 does not sound that likely as it is basically in US terms a Mom and Pop operation.

E2, well it is a buy a business or create a business and manage type visa with of course investment.

E1 do not know, see very few, might be worth following through.

H1b, well a lottery and by no means clear the US operation would past the test.

You need a US Immigration Lawyer, I get worried when I see visa expert, but assuming we are talking about the same thing they should look at what you have and what you want to do and work back.

That term 'Mom and Pop operation' made us smile as we can hire from one to several hundred staff for anything from a day to sometimes more than a year depending on the tour.

The company I use to obtain P1/P2 visa for myself and clients describe themselves as 'Entertainment Visa Consultants' and it is they I have been speaking to (and continue to) however, you are correct they are not immigration lawyers, so yes, that will be the next step, but as mentioned, I do like to research and understand as much as I can beforehand.

Forewarned is forearmed as they say! :)

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