Guide to L1 Visa for Entrepreneurs

By Sanwar Ali:

The entrepreneurial journey is filled with opportunities and challenges. For a global entrepreneur, it is important for many to expand their business in the large American market. This comprehensive guide aims to provide in-depth information about the L1 visa, a favorable pathway for entrepreneurs looking to set up or expand their business in the United States.

• What is an L1 Visa?
• Types of L1 Visa
• Why Should Entrepreneurs Choose L1 Visa?
• Requirements for L1A Visa
• Requirements for L1B Visa
• Alternatives to L1 Visa
• Comparison of L1, EB5, and E2 Visas
• Transitioning from L1 Visa to Green Card
• Key Considerations for L1 Visa Application
• Conclusion

1. What is an L1 Visa?

The L1 visa serves as a non-immigrant visa category that allows international companies to transfer executives, managers, and specialized knowledge employees to their U.S. offices. This visa is also applicable for companies planning to open a new office in the U.S., giving them the ability to send key personnel to manage the growth and expansion of the new operations.

2. Types of L1 Visa

The L1 visa is categorized into two types: L1A and L1B. An L1A visa is designed specifically for executives and managers, whereas the L1B visa is intended for employees with specialized knowledge about the company's operations.

3. Why Should Entrepreneurs Choose the L1 Visa?

For entrepreneurs seeking to grow their business in the U.S. market, the L1 visa offers several benefits:

1. No Investment Requirement: Unlike other visa categories like the EB5, which requires a substantial investment, the L1 visa does not mandate any investment amount. This makes it a more accessible option for many entrepreneurs.
2. Length of Stay: The L1A visa allows a maximum stay of up to 7 years, while the L1B visa (for non management staff) permits a stay of up to 5 years. These durations provide adequate time for entrepreneurs to establish or expand their business.
3. Pathway to Green Card: The L1A visa provides a good path to an EB1C Green Card, which is a first-preference visa for multinational executives and managers.
4. Flexibility: The L1 visa allows visa holders to travel in and out of the U.S. without affecting their status, offering flexibility and convenience.

4. Requirements for L1A Visa

The L1A visa is available to executives and managers who meet the following requirements:

1. The applicant must have worked for the foreign company in an executive or managerial role (includes business owners) for at least one continuous year within the last three years.
2. The applicant must be seeking to enter the U.S. to provide service in an executive or managerial capacity for the same employer or its subsidiary or affiliate.
3. The foreign company must continue to do business while the applicant is in the U.S. with an L1A visa.

5. Requirements for L1B Visa

The L1B visa is for employees with specialized knowledge, and the following conditions apply:

1. The applicant must have worked for the foreign company for at least one continuous year within the last three years.
2. The applicant must seek to enter the U.S. to provide services that require specialized knowledge about the company's operations.
3. The foreign company must continue to do business while the applicant is in the U.S. with an L1B visa.

6. Alternatives to L1 Visa

Aside from the L1 visa, several other visa categories might be relevant for entrepreneurs and business owners, including the H1B visa, E2 visa, E1 visa, O1 visa, and the EB5 visa. Each of these visas has different requirements and procedures, which should be carefully evaluated to identify the most suitable option.

7. Comparison of L1, EB5, and E2 Visas

When comparing the L1, EB5, and E2 visas, it's important to consider the following:

• Investment Requirement: The L1 visa does not have an investment requirement, while the EB5 requires a substantial investment of at least $1.8 million (or $900,000 in targeted employment areas). The E2 visa requires a "substantial" investment, which is not strictly defined but should be enough to establish a viable enterprise.
• Nationality Restrictions: The E2 visa is only available for nationals of treaty countries, while the L1 and EB5 visas do not have such restrictions.
• Processing Times: The processing time for an L1 visa is typically shorter compared to the EB5 visa, which can take up to 2 years or more. The E2 visa processing time varies but is generally quicker than the EB5.
• Path to Permanent Residency: The L1A and EB5 visas offer an easier route to a green card for many people, compared to the E2 visa.

8. Transitioning from L1 Visa to Green Card

The transition from an L1A visa to a green card is possible through the EB1C category, which is reserved for managers and executives of multinational companies. This transition can be achieved by filing the USCIS Form I-140 Petition for Foreign Worker, along with the USCIS Form I485 Adjustment of Status.

9. Key Considerations for L1 Visa Application

When applying for an L1 visa, entrepreneurs should keep the following in mind:

1. Business Plan: A comprehensive business plan is crucial for the L1 visa application. It should clearly outline the proposed business activities in the U.S., projected growth, and job creation.
2. Legal Assistance: Given the complexity of immigration laws, it's beneficial to seek legal assistance to ensure a well-prepared and error-free application.
3. Application Documents: Proper documentation supporting the corporate relationship between the U.S. and foreign companies, beneficiary's eligibility, and other relevant information should be prepared.
4. Application Fees: Be prepared for the necessary application fees, which have recently increased for H1B and L1 visas.

10. Conclusion

The L1 visa offers a promising route for entrepreneurs to expand their business into the prosperous American market. With its range of benefits and the potential for transitioning to a green card, the L1 visa serves as a strategic tool in the entrepreneur's toolkit. As with any immigration process, it's essential to understand the requirements, procedures, and potential challenges to ensure a successful application.

workpermit.com helps with US Work Visa: L1, H1B, E2, and O1 Visas

There are various types of US visas that individuals can apply for, depending on their circumstances. Some of the most common employment-based visas include:

• L1 visa: This visa is for intracompany transferees who work in managerial or executive positions or have specialized knowledge.

• H1B visa: This visa is for specialty occupations that require theoretical or technical expertise in specialized fields.

• E2 visa: This visa is for investors who have made a significant investment in a US business and, management or essential skills employees.  Only certain nationalities can apply.

• O1 visa: This visa is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.

Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)