Investor Visa Options: The L-1 Visa to Establish a U.S. Office or Branch

One option for multinational companies to establish a presence in the United States is through the L-1 visa.  Unlike investor and employment creation visas, the L-1 visa does not have requirements regarding the amount of the initial investment or the number of United States jobs created.  Rather, the focus is on the qualifications of the managers, executives, or other specialized knowledge workers the foreign company intends to send to the United States and viability of the new office.

L-1 Intracompany Transferee Visa: Basic Requirements

The purpose of the L classifications is to allow foreign companies doing business in the United States to bring key foreign employees to the United States to work at affiliated offices in manager, executive, or specialized knowledge capacities.

The L-1 petitioning company must have a relationship with an existing United States business entity as parent, branch, affiliate, or subsidiary.  There must be a majority ownership interest or contractual relationship.

The L-1 employee must have worked for the foreign company for at least one year in the previous three years.  The employee must be coming to the United States to work in a managerial, executive, or specialized knowledge capacity. 

Options for New Businesses: New Office Requirements

The L-1 becomes a viable option for foreign companies to start new operations in the United States.  An additional burden exists for new office operations.  First, the company must have obtained a physical premise through submission of a lease or contract of sale and deed of property.  Next, the beneficiary must have been continuously employed in the executive or managerial capacity prior to transfer.  Last, evidence must be provided establishing the new office will be able to sustain a manager or executive within one year of approval.

Where the proposed L-1 beneficiary is to be owner or operator of the foreign business entity, there are additional requirements.  Evidence may need to be provided establishing that the beneficiary does not have immigrant intent, the need for the transferee is not indefinite, and that the transferee's foreign business interest present a strong reason for believing he or she will depart upon expiration of stay.

Consult with The Chander Law Firm Regarding Establishing New Business Operations

Contact The Chander Law Firm to represent you if you are considering expanding your company or opening a new enterprise in the United States.  Schedule your consultation today.