Is this a possible way to immigrate to the US?

[SurferDude 0]

I'm a German citizen (born and raised) and majored in Computer Science. Since the beginning of my degree, I have been working on my own software company with another dude. Fortunately, this company has been pretty successful, and we are making a good profit. 

This company is a cooperation called GmbH ("Gesellschaft mit beschränkter Haftung"; in english: "limited liability company").

 

I'd like to know how I can use this company to my advantage to fulfill my dream of living in the US.

 

Would it be possible to transfer to the US through an L-1 visa (sponsored by my own US-based branch company) and eventually obtain an EB Green Card? Are there any specific requirements that need to be met?

 

FYI, I'm only looking to stay permanently and have the chance of becoming a US citizen eventually.

 

 

Edited May 5 by SurferDude

[Boiler 43,783]

How many Employees do you have?

[SurferDude 0]

1 minute ago, Boiler said:

How many Employees do you have?

Currently zero. But we are planning to hire 1-2 employees in the next few years. 

[Boiler 43,783]

How many people will you be hiring in the US?

[SurferDude 0]

Just now, Boiler said:

How many people will you be hiring in the US?

That plan would be to hire people in the US. But the decision to hire people is not final at the moment. 

Are we required to hire people in the US for this plan to work?

[Boiler 43,783]

10 minutes ago, SurferDude said:

That plan would be to hire people in the US. But the decision to hire people is not final at the moment. 

Are we required to hire people in the US for this plan to work?

 

Sounds like you do not have a Business Plan, this will be needed and assuming it is approved you will need to show you are meeting it to renew your visa.

 

Perhaps wait until the German operation is solid and the case looks more logical.

 

[appleblossom 1,478]

It’s possible, but you’d need to leave the German operation running with somebody managing it. And for the US side you’d need to have premises and a plan to hire Americans quite quickly. If your plan is to stay permanently then I wouldn’t risk it before that - after the initial first year on the L visa you’d have to show growth and employees to renew for longer and if not that would be the end of it.  

So definitely feasible, but I agree with Boiler, maybe a few years down the line when you have a solid business with employees you can trust to run it in Germany for you and have a need for a bigger operation in the US.

 

You could also look at the EB2 NIW or EB1A green cards - a good attorney will tell you if you’ve got any chance, but that would cut out the uncertainty and you’d go straight to the GC before even leaving Germany. I got my EB1 GC in 5 months last year. 
 

Good luck. 

[Conchas Chinas 142]

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-the-eb-5-visa-classification
 

this should explain the requirement, particularly the requirement for hiring US staff 

[Boiler 43,783]

I doubt they have the money for an EB 5

[SurferDude 0]

4 hours ago, appleblossom said:

It’s possible, but you’d need to leave the German operation running with somebody managing it.

That's the plan. I'd leave Germany and my business partner stays in Germany. 

 

4 hours ago, appleblossom said:

And for the US side you’d need to have premises and a plan to hire Americans quite quickly.

Okay, that's good to know. Is there a minimum number of Americans we should hire?

 

4 hours ago, appleblossom said:

So definitely feasible, but I agree with Boiler, maybe a few years down the line when you have a solid business with employees you can trust to run it in Germany for you and have a need for a bigger operation in the US.

 

The plan is to move to the US within the next 3-5 years. For now, it's just a question of whether my idea can be realized :). 

4 hours ago, appleblossom said:

You could also look at the EB2 NIW or EB1A green cards - a good attorney will tell you if you’ve got any chance, but that would cut out the uncertainty and you’d go straight to the GC before even leaving Germany. I got my EB1 GC in 5 months last year. 

Oh, that's good to know! I didn't realize that. I thought you needed an L-1 or some other non-permanent visa first before you could apply for any Green Card.

[SurferDude 0]

Yes, EB-5 is pretty much out of the question

[appleblossom 1,478]

22 minutes ago, SurferDude said:

 

Oh, that's good to know! I didn't realize that. I thought you needed an L-1 or some other non-permanent visa first before you could apply for any Green Card.

 

Nope. If eligible, you can apply from Germany and move on an immigrant visa - you become a permanent resident upon entry to the US. 

 

For employees, as many as possible really to stand the best chance of having the visa renewed. There's no fixed number though, but you have to show growth. You can't use a L1 if you just want to be a 'one man band' working in the US. 

 

I'd check out the possible IV options first, as the L1 will require you spending quite a bit of time and money before you can even apply for the visa, which may be money down the drain if it's refused. And if you know you want to stay permanently, it would be better to aim for a permanent visa if at all possible. 

 

Good luck. 

[SurferDude 0]

28 minutes ago, appleblossom said:

For employees, as many as possible really to stand the best chance of having the visa renewed. There's no fixed number though, but you have to show growth. You can't use a L1 if you just want to be a 'one man band' working in the US. 

Does this also apply to the EB-1C?

 

30 minutes ago, appleblossom said:

I'd check out the possible IV options first

You mean the EB-1C in this case, right?

[appleblossom 1,478]

15 minutes ago, SurferDude said:

Does this also apply to the EB-1C?

 

You mean the EB-1C in this case, right?

 

No, as said above the EB1-A or EB2-NIW. 

 

EB1-C you would have to be working there on an non-immigrant visa first, as the US business must have been running for at least a year.

[R&OC 357]

I would simultaneously apply for the greencard lottery. Doesn’t hurt.