US L1A Visa is granted to Managers / Executives of multinational companies who have worked for at least an year with the abroad based Company and are coming to the US to enhance the business OR set up a US based office for a US based Corporation where both the US based Corp and the overseas based Corp are directly related ...
Q - If an IT Contractor in Canada who has an Incorporation here with no employees , opens a US Corporation and intends to open an office of the related Corp in the USA , can such a person be granted an L1A Visa on the accouint of his being a Director in both the Corporations .... and conduct contractual business in the USA . Prospect of having employees is minimal over the next 2 years .... may be one or two .....
Has anyone tried this or known some one try this ?
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Fido.
Location: Western Hemisphere
Posted on: 18-04-12 11:34:42
Based on your question, it would appear the individual is not an employee of a corporation (even if the tax filing is structured that way), but a business owner. If that is the case, that person cannot sponsor himself / herself for a work status.
That person can however incorporate a business in the US and hire an employee.
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Dimple2001
Location: Western Hemisphere
Posted on: 18-04-12 11:37:46
One does not need to have a US business to obtain contracts from the US. The client can still pay the contractor's canadian business, not the individual (since that would require a legal work status for the individual).
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Dimple2001
Thanks ..
So does that mean that even if the Incorporation lists the person as a Director of the business , he does not qualify for the L1A as long as he is being paid .....Does this apply to the US Corp ( who shall sponsor the L1A ) or the Canadian Corp as well ( assuming that the person is the Director of the Canadian Corp with no salary ) ?
And how would your answer change if the person was a Director , being paid as an employee fir sure in the US Corp and assuming so in the Canadian Corp as well ... ?
Considering that he is the business' owner/s as well ....
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Fido.
Location: Western Hemisphere
Posted on: 18-04-12 11:59:07
Quote:
Originally posted by Fido
Thanks ..
So does that mean that even if the Incorporation lists the person as a Director of the business , he does not qualify for the L1A as long as he is being paid .....Does this apply to the US Corp ( who shall sponsor the L1A ) or the Canadian Corp as well ( assuming that the person is the Director of the Canadian Corp with no salary ) ?
And how would your answer change if the person was a Director , being paid as an employee fir sure in the US Corp and assuming so in the Canadian Corp as well ... ?
Considering that he is the business' owner/s as well ....
Let's ignore for a moment the title of the person. In order for a person to obtain a work status (TN, H1, L1, Cdn work permit, etc), there needs to be a bonafide business and a bonafide employee. The business has to sponsor the employee for the work permit.
If I open or incorporate a business and pay myself $300k, in the eyes of the tax man, I can issue myself a W2 or a T4 and claim it in the tax and call myself an employee. In the eyes of immigration, I am not an employee, since I am sponsoring myself and that is not allowed.
So, for your question, regardless of the person's title or affiliation, you will have to ask whether or not the individual is a owner of the business or an employee from immigration point of view.
In your case, based on what you wrote, the individual wants to or has incorporated a business and he is the sole employee of his own business. That wouldn't fly for immigration purposes.
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Dimple2001
Thanks for the clarification .
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Fido.
