Thursday, March 10, 2011

What is the process for setting up a company and obtaining an L-1 visa?

The process for setting up a corporation or LLC depends on which state it is formed. You can visit the Corporate Division website of the state you are considering for details on procedure. For example, to form a corporation in Massachusetts, you should consult the Secretary of Commonwealth at http://www.sec.state.ma.us/cor/coridx.htm. Although your busines may not involve online journalism, here is a website that provides an excellent summary of the process of setting up a corporation in Massachusetts: http://www.citmedialaw.org/legal-guide/forming-corporation

The process and requirements for the employee and company in getting an L-1 visa are explained on USCIS's website here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=64d34b65bef27210VgnVCM100000082ca60aRCRD&vgnextchannel=64d34b65bef27210VgnVCM100000082ca60aRCRD

You must apply for the visa on Form I-129 in the U.S., also found on USCIS's website: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

It will take USCIS several months to process the application. But you have an option of expedite processing for an additional fee of $1225 filed on Form I-907.

Once you receive an approval from USCIS, your employee must go to the consulate in his home country to apply for a visa in his passport. The U.S. Department of State provides a general summary of the process for applying for a visa: http://travel.state.gov/visa/temp/types/types_1271.html

Each consulate differs in requirements so it is best to check with the website of the consulate of the relevant country.