I have a business thats been trading for 10 years. (selling advertising). We do a large proportion of our business 75% + in the US
In 2006 we established a branch office in the US and hired 4 people. I was granted an L1A in Feb 07 and moved to the US with my family in March 07. Since then we have decided that the costs of employees has outweighed any real benefits from a business perspective.
There is an advantage to me staying in the US and helping to grow my existing business. As the bulk of our customer base is already there, but there is no need for additional employees.
We still have a home in the UK, and employ 7 people in the UK with no intention of changing that situation. I've been advised by an attorney that filing for an E1 treaty trader visa might be a viable solution to staying in the US without the need for additional employees. I would stay with the capacity of overseeing and developing our existing contracts with US clients ($1M+ per annum).
Is this a viable option?
L1A - Converting to an E1 Treaty Trader?
Actually, it's a clever idea. You can be an E-1 forever, if the businees doesn't fail. Very viable, if you meet the requirements:
(1) The requisite treaty exists;
(2) The individual and/or business possesses the nationality of the treaty country;
(3) The activities constitute trade within the meaning of INA
101(a)(15)(E);
(4) Such trade is substantial;
(5) Such trade is principally between the United States and the treaty country;
(6) The applicant intends to depart the United States when the E-1 status terminates.
You probably would not be the first one to follow that path.
