How To Get L-1 Visa Status – For Employees, Entrepreneurs and Small Business Owners Abroad
As U.S. immigration lawyers, we have successfully helped hundreds of international small and growing companies access work visas to expand their footprint into the United States. If you have entered the maze of U.S. business immigration, specifically the L-1A and L-1B visas, understanding the nuanced eligibility requirements can be overwhelming.
Whether you are a small startup, solopreneur, an international executive, a manager, or a specialized knowledge worker seeking temporary transfer to set up a new office or transferring to an already established U.S.-based branch, the following 4 tips are essential to discuss with your choice of lawyer to succeed in a grant of an L-1A visa.
Employment Directly by Foreign Company
An L-1 visa beneficiary must establish an employer-employee relationship with the U.S. company. But how can you do that if you are both the sole owner employer and an employee at the same time? The short answer is you cannot. Before applying for an L-1A work visa ensure your staffing is structured properly. A solo entrepreneur that does not have contracted or permanent staff will not be eligible for the visa. The international company must stay active and intact while pursuing a new office or venture abroad in the United States. Our L-1 lawyers provide various options, and ways for small startups and solopreneurs to effectively meet the L-1 requirements before applying for the visa.
The L-1 is a Temporary Visa that No Longer Has to Be Temporary – How does that work?
Good News… the U.S. government no longer places a major focus on the ‘temporary nature’ of the L-1 adjudications. So, it’s important to not opt out of an L-1 work visa because you are discouraged by ‘temporary nature’ requirements. Instead, the focus should be placed on the qualifying relationship between the company to be set up in the United States and the international company abroad. We have used this focus as a key strategy to succeed for our L-1 clients.
Qualifying Organizational Relationships
The 3rd tip is to work with a business lawyer to set up your organization. Immigration lawyers do not specialize in business planning. We collaborate with business lawyers to establish the qualifying link and ensure strict compliance with state laws and protect the interest of all parties involved from an immigration standpoint and ensure good business acumen.
Financial Requirements for an L-1 Visa
And our final tip to succeed in receiving an L-1 Visa is understanding capital requirements.
Control by the foreign company transferring an L-1 employee over the U.S company is mandatory. Capital, however, is not the only means whereby a foreign company can exercise control over the U S. operation. Less than 50% ownership may be sufficient to establish control where there is a corporate resolution or irrevocable proxy voting amongst other business legal mechanisms.
The above (4) four tips are essential for a foreign company to successfully set up a new office in the United States or transfer an employee to an already established startup company. We can help guide you or your U.S. immigration attorney in navigating this visa for approval at a U.S. consulate or with U.S. Citizenship & Immigration Services.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group, PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA).
For more information check out our L-1 page !