If you own a company and wish to transfer it to the USA, you may be considering an L-1 visa for business owners. The good news for entrepreneurs who wish to immigrate to the United States is that there are many visa categories to choose from. The L-1 visa for business owners is just one of these options, providing a good solution for transferring your company to the United States. Keep reading to find out what the L-1A visa requirements are and how an intracompany transfer visa works.
What Is the L-1 Visa?
If you want to expand a foreign business to the U.S., a common option individuals take advantage of is the L-1 visa for business owners. When compared to other visa options for entrepreneurs, the L-1 visa is the most suitable for individuals who already have a business up and running and want to simply transfer it to the United States.
Primarily, an L-1 visa is used for companies wanting to expand into the American market or open new locations in the U.S. But it also allows you to transfer knowledgeable employees from foreign offices to a U.S. office. How you can go about doing this will depend on the type of L-1 visa you use:
- L-1A visa: A type of visa specifically used for executives and managers who are responsible for making strategic decisions, overseeing staff, and managing company operations. Executives and managers who hold an L-1A visa may also qualify for a green card by using the EB-1C category later on.
- L-1B visa: A type of visa for employees who have specialized knowledge regarding certain aspects of the company and play a critical role in company operations.
Employer Eligibility Requirements
You must be able to demonstrate active and ongoing commercial operations for U.S. and foreign entities. To do this, the relationship usually needs to take the form of a subsidiary, parent company, branch office, or joint ownership. Also, you will need to provide extensive documentation proving this relationship through things like ownership documents, shareholder agreements, or commercial records.
Another requirement created by the USCIS involves showing active business operations. To prove this, you need to be able to show consistent, systematic, and continuous business activities. Some forms of documentation you can use to help prove this include tax filings, payroll records, contracts, etc.
For newly established U.S. companies, you also need to be prepared to provide a detailed business plan. The business plan needs to include hiring projections, finances, future growth, and management structure.
Employee Eligibility Requirements
For employees being transferred with the L-1 visa, there are certain requirements they must meet as well. These requirements include:
- Have worked a minimum of one continuous year within the past three years in a managerial, executive, or specialized knowledge capacity for the foreign company.
- Supervise at least 3 to 4 other professional employees or manage a key function of the business.
- Hold a genuine role that requires management or expertise responsibilities.
- Must maintain their company role after being transferred.
- The U.S. and foreign entities have to be part of the same organization.
Overall, the purpose of employee requirements is to show that the employee is simply being transferred, not hired as a new employee.
Applying For a L-1 Visa
To begin the process of obtaining an L-1 visa, the employer must file form I-129, which is a petition for a nonimmigrant worker. This is because the employer will be petitioning for the foreign employee who will be transitioned to the U.S. branch of the company.
Along with form I-129, you also need to provide additional documentation, such as:
- A business plan.
- An organizational chart.
- Qualifying corporate relationship evidence.
- U.S. office registration documents.
- The employee’s job description, including professional background and salary.
An immigration attorney can help you with the process of applying for an L-1 visa from start to finish. Having the help of an experienced attorney ensures you will file everything correctly, provide the necessary documentation, and avoid any mistakes that could cause delays.
Using the L-1 Visa to Open a New U.S. Office
Although a new office still qualifies for an L-1 visa, this does make the application process a little more challenging. You will need to file a new office L-1 petition and present additional evidence, including:
- Lease a physical office space, not including home offices or virtual addresses.
- Be able to demonstrate that you have sufficient funding to support a new U.S. office.
- Have a realistic plan for managing new hires and business operations.
One thing to keep in mind is that the USCIS will usually grant a one year initial approval for new U.S. based offices, and once your company becomes fully operational, you can extend this.
Transitioning from L-1 to Green Card
Employees who hold an L-1A visa can use this as a pathway to smoothly transition to a green card through the EB-1C category. The main benefit of this is that it does not require PERM labor certification, making the entire application process much faster.
However, before filing your EB-1C petition, the company’s U.S. and foreign offices need to have a sufficient number of employees as well as an established organizational structure. This is because the USCIS evaluates how legitimate your position within the company is based on the company’s hierarchy and scale.
Hire an Immigration Attorney Today
Do you need help with a new office L-1 petition? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I own 100% of both companies and still qualify?
Yes, you will just have to be able to prove that the qualifying relationship requirement is still met.
How long can I stay on an L-1 visa?
L-1A visa holders can stay in the U.S. up to seven years, while L-1B visa holders can stay up to five years.
Is there an annual cap on L-1 visas?
No, L-1 visas are not subject to annual caps or an annual lottery.
