Expanding your business into the United States is a dream shared by many entrepreneurs worldwide. If you’re among those who aspire to do so, you should consider the L-1 Visa. This visa allows foreign businesses to transfer personnel to the U.S. to establish a new office. In this guide, we’ll give you a quick overview of how the L-1 Visa works, the qualifications required, and how our immigration attorneys can be of assistance.
Understanding the L-1 Visa Fundamentals
The L-1 Intracompany Transferee Visa, also known as the L-1 Visa, permits foreign businesses to relocate eligible employees from their existing overseas offices to the United States to help set up a new office. The new office should have a connection with the foreign office, such as being an affiliate, joint venture, branch, or subsidiary. Interestingly, it can engage in entirely different business activities from your existing company, enabling you to diversify your operations or cater to a specific American market.
Compared to other non-immigrant business visas, the L-1 Visa comes with fewer restrictions. It is not limited to nationals of specific countries and doesn’t have a minimum investment requirement, making it accessible to businesses of all sizes, including startups. Nonetheless, like any U.S. visa, certain requirements must be met to qualify.
Key Requirements for the L-1 Visa
To initiate the process, you must file a petition for the L-1 Visa on behalf of the employee you wish to transfer to the U.S. to establish the new office. Once the petition is approved, the candidate must visit the U.S. embassy or consulate in their home country to obtain the visa and have it stamped. However, not every employee can receive an L-1 Visa; the candidate must either be a manager or executive (L-1A subcategory) or possess specialized knowledge or skills (L-1B subcategory). Each category has specific criteria to fulfill.
For the L-1A Visa, a manager must have the capacity to oversee other staff, while an executive must bear the responsibility of making important business decisions with broad discretion. The L-1B Visa defines an employee with specialized knowledge as someone with proprietary information or skills that are relevant to the operations of the business. In both subcategories, the candidate must be a foreign national and must have been employed at the foreign office for at least one continuous year out of the previous three years.
Furthermore, you will need to provide supporting documentation demonstrating that the candidate meets the above-mentioned requirements and outline their role in assisting the establishment of the new U.S. office. Additionally, you should provide evidence that you have the means to compensate the candidate during their stay, which may include previous paystubs, financial statements, and account information.
Lastly, you must also prove that a physical location has been secured for the new office, which can be established through an executed lease, real estate contract, or deed.
Duration of the L-1 Visa
Because establishing a new office takes time, the L-1 Visa is typically granted for an initial stay of one to three years, with the option to request an extension. For L-1A Visa holders (managers and executives), the period can be extended for up to seven years, while L-1B Visa holders can seek an extension of up to five years. Keep these time frames in mind when crafting your business plan.
Our Firm Specializes in the L-1 Visa
The L-1 Visa is one of the most effective ways to expand your business presence in the United States. That’s why Jurado & Associates, P.A., immigration attorneys, are committed to helping business owners from around the world meet the L-1 Visa qualifications. From assisting with the proper completion of your petition to gathering the necessary documents and reviewing your business plan, we significantly enhance your chances of obtaining this vital gateway to the U.S.
Don’t hesitate to seize the opportunities that the L-1 Visa can offer. Contact us today at (305) 921-0976 or email me at [email protected] to learn how our team can assist you.
