L-1 Visa for Executives and Entrepreneurs: Transfer Your Business to the U.S.

For executives and entrepreneurs with a vision for global expansion, the L-1 visa provides a pathway to transfer your business operations to the United States. This visa category is designed for intracompany transferees, allowing established multinational companies to bring key personnel to a new or existing U.S. office.

Understanding the process is the first step toward unlocking this incredible opportunity for growth.

Here’s a summary of what you need to know:

• Eligibility: You must have a qualifying relationship between your foreign company and the U.S. entity, and the transferring employee must have worked for the foreign company for at least one year.
• Application Steps: The process involves filing a petition with USCIS, detailing the business operations and the employee’s role.
• Key Benefits: The L-1 visa offers a direct route for business expansion, allows for family to accompany the visa holder, and can serve as a stepping stone to permanent residency.

What Are the L-1 Visa Requirements for My Business?

To qualify, your business must establish a “qualifying relationship” between the foreign entity and the U.S. office. This means the U.S. company must be a parent, subsidiary, affiliate, or branch of the foreign company. Both entities must be actively doing business, meaning they are regularly providing goods or services. For a new office in the U.S. (one operating for less than a year), you will also need to provide evidence of secured physical premises and a comprehensive business plan detailing your projected growth.

What Are the Requirements for the Executive or Manager?

The L-1A visa is specifically for executives and managers. To qualify, you must have worked for the foreign company for at least one continuous year within the last three years in a managerial or executive capacity.

• Executive Capacity: This generally refers to a role where you primarily direct the management of the organization or a major component of it, setting goals and policies with discretionary decision-making authority.
• Managerial Capacity: This involves managing the organization, a department, or a function. You must have the authority to hire and fire or recommend such actions, and you should supervise other professional, managerial, or supervisory personnel.

It is crucial that your role in the U.S. will also be in an executive or managerial capacity. This visa is not for individuals who will be primarily involved in the day-to-day production of goods or delivery of services.

What Are the Steps to Apply?

Navigating the L-1 application requires careful preparation and attention to detail. Your success is our mission, and we are here to guide you through every step.

1. Prepare the Petition: We will work with you to gather all necessary documentation, including proof of the qualifying business relationship, evidence of your employment abroad, and a detailed description of your proposed duties in the U.S. For new offices, a solid business plan is essential.
2. File Form I-129: Your U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
3. Consular Processing: Once the petition is approved, you will attend a visa interview at a U.S. embassy or consulate in your home country to have the L-1 visa stamp placed in your passport.

What Are the Benefits of the L-1 Visa?

The L-1 visa offers significant advantages for entrepreneurs looking to establish a U.S. presence.

• Direct Path to U.S. Operations: It provides a clear, established route to bring your leadership team to the U.S.
• No Annual Cap: Unlike the H-1B visa, there is no annual lottery or cap, making it a more predictable option.
• Family Can Join You: Your spouse and unmarried children under 21 can accompany you on L-2 visas. L-2 spouses are also eligible to apply for work authorization.
• Dual Intent and Path to Green Card: The L-1 is a “dual intent” visa, meaning you can pursue permanent residency (a Green Card) while on L-1 status. The L-1A category, in particular, can provide a direct path to an employment-based Green Card without the lengthy labor certification process.

Your Immigration Ally for Business Growth

Transferring your business to the U.S. is a monumental step. You need a trusted partner who understands not just the law, but the entrepreneurial spirit that drives you. At Sverdloff Law Group, we are your immigration ally, dedicated to providing the guidance and support you need to make your U.S. expansion a success.

If you are an executive or entrepreneur ready to bring your business to the American market, contact us today for a consultation.