Transferring to the US on an L-1 Visa: Possibilities for Company Owners

Many business owners consider moving to the United States to continue their company's growth. The L-1 visa is a powerful tool for these individuals, allowing them to transfer to a U.S.-based company within a multinational enterprise. However, this process is not without its complexities. In this article, we'll explore the requirements and steps needed to transfer to the US on an L-1 visa as a company owner.

Eligibility Requirements for the L-1 Visa

The L-1 visa, designed for intra-company transferees, includes specific criteria that must be met for eligibility. Firstly, you must have worked for the foreign company for at least one continuous year within the three years preceding your application. This work experience is crucial as it ensures you have relevant and recent ties to the company.

Company Structure and Qualifying Relationships

For the L-1 visa to apply, there must be a qualifying relationship between the foreign company and the U.S. company. This relationship can be established through various means such as being a parent company, subsidiary, affiliate, or branch. Even if you are the sole owner, you can still establish a U.S. entity that meets these criteria. This process involves structuring your U.S. entity in a way that maintains the necessary relationship with your foreign company.

Position Within the Company

The L-1 visa is for individuals performing either managerial or specialized knowledge duties. Managers are responsible for overseeing and controlling the work of employees and managing the organization or a subdivision thereof with a wide latitude of decision-making power. Specialized knowledge workers, on the other hand, have a deep understanding of the organization's specialized knowledge, its products, services, or research and development activities.

The Application Process

The application process for an L-1 visa involves filing Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form and subsequent documentation must be provided to prove your eligibility and the qualifying relationship between the foreign and U.S. companies. It's a comprehensive process that requires detailed records and evidence to support your claim.

Duration and Extensions

The initial L-1A visa for managers and executives is typically granted for a period of three years, with extensions up to a maximum of seven years. The L-1B visa for specialized knowledge workers is granted for an initial period of three years, with extensions up to a maximum of five years. These extensions allow for sustained work in the U.S., providing ample opportunity for the individual to become established in their new position.

Consulting with an Immigration Attorney

While the information provided here can guide you through the process, it is advisable to consult with an immigration attorney. They can ensure that you meet all the requirements and assist with the application process, reducing the likelihood of errors and delays. Immigration laws are complex, and professional guidance can make the difference between a successful and a problematic application.

In conclusion, transferring to the U.S. via an L-1 visa is a viable option for business owners. However, understanding the eligibility requirements, company structure, position, and the application process is crucial. Consulting with an immigration attorney can help navigate the complexities and increase the chances of securing this valuable work visa.