Using the L-1 Visa to Open a New Business

Like so many business owners across the globe, you may find that your business’ growth and success depend on getting access to America’s large and vibrant market. By far one of the best ways to reach that goal is to apply for the L-1 Visa, a nonimmigrant business visa that allows foreign companies to set up an office in the U.S. with key personnel. Learn the benefits of this vital resource and how the immigration attorneys of Jurado & Farshchian, P.L. can assist you.

A Quick Overview of the L-1 Visa

The L-1 Visa enables foreign employers without any presence in the U.S. to transfer personnel from existing foreign locations for the purpose of establishing a new office in the United States. (It can also be used by American employers to bring personnel from foreign offices to the U.S. for the purpose of growing or developing the U.S. business). A big advantage of the L-1 Visa is that the U.S. office can specialize in totally different goods and services from your existing company, thus giving you the chance to diversify your market. Moreover, unlike other visa classes, the L-1 Visa is not limited to certain nationalities: anyone can apply provided their company and business plans meet the requirements.

Requirements of the L-1 Visa

The L-1 Visa is made up of two categories: The L-1A Visa for managers and executives and the L-1B Visa for employees with specialized knowledge or skills. Thus, you cannot use the L-1 Visa for just any employee: the candidate must meet the specific criteria established by U.S. immigration authorities as follows:

Executive ­­– Must have the ability to make “decisions of wide latitude” and discretion with little oversight.

Manager – Must supervise and organize the work of other employees or a specific department, subdivision, or operation of the business. This requirement is also met if the employee is responsible for an “essential function” of the business without any direct supervision of other employees.

Employee with Specialized Knowledge – Meeting this broad category requires that the employee either have special and unique knowledge of a particular process or procedure of the business, or of a certain product, service, technique, or other pertinent aspect of the company’s operations.

Aside from needing to meet one of these categories, any employee you want to transfer must have worked at your existing foreign office for at least one whole year within the three years prior to the application. Moreover, the employee must serve in the same capacity as the L-1 Visa category they hold: thus, an executive or manager in the U.S. under the L-1A cannot be doing the sort of work that falls under an L-1B employee with specialized knowledge.

Fortunately, the L-1 Visa gives you the option of filing a blanket petition that allows you to bring a whole team of personnel, something that may be critical for setting up a whole new office. While it is faster and cheaper than filing out multiple applications for each individual employee, you will still be required to explain the role of each team member.

Finally, when setting up a new office with the L-1 Visa, you must also submit a credible business plan and evidence that you have already secured a physical location.

Duration of Stay Under the L-1 Visa

Launching a new office will most likely take some time, which the L-1 Visa accommodates: generally, L-1 Visa holders can receive an initial stay period of up to three years. Managers and executives can extend this period for up to seven years, while employees with specialized knowledge can get an extension of up to five years. It is important to keep these periods in mind when planning the future trajectory of your business.

Hire L-1 Visa Experts

While the L-1 Visa is an ideal way to gain a foothold in the U.S., like any visa, it has strict requirements and a complex application process. Jurado & Farshchian, P.L. has an established track record for helping business owners from around the world successfully qualify for the L-1 visa. We can improve your chances of meeting all the requirements and help complete your application in a timely and cost-effective manner. Do not wait to take advantage of this opportunity: call me at (305) 921-0440 or email me at [email protected].

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