Are you a business owner or executive looking to expand your business to the US without investing large amounts of money? The L1 visa may be just what you need! It’s a non-immigrant visa that allows overseas companies to transfer employees to a subsidiary in the US. In this blog post, we’ll explore the benefits, requirements, and pathways to obtaining a green card through an L1 visa.
Benefits of the L1 Visa
One of the biggest advantages of the L1 visa is that there is no quota, meaning that an unlimited number of visas can be issued. Plus, there’s no requirement for a US presence for the company, making it an attractive option for businesses of all sizes. Additionally, the L1 visa does not require a significant investment, so small businesses can expand to the US with minimal investment. We have another article that explains in detail all the benefits of an L1 Visa.
Requirements for the L1 Visa
To qualify for an L1 visa, the employee must have worked for a subsidiary, parent affiliate, or branch office of the US company outside of the US for at least one year out of the last three years. This requirement also applies to startups that have a company in their own country and want to move it overseas to the US. Once approved, the L1 visa allows entry for up to five years to a new or existing US office.
Types of L1 Visas
There are two types of L1 visas: L1A, which is for managers, business owners, and executives, and L1B, which is for employees with specialized knowledge. The L1B employees should have some sort of specialized function that they take care of in the company. Business owners can apply for the L1 visa, which can be an excellent way for small businesses to expand to the US with minimal investment. The business outside the US should continue trading even after the L1 visa holder has entered the US.
L1 Visa: How It Can Lead to Green Card
Although the L1 visa does not lead to a green card directly, it can still be a pathway to obtaining one through the EB-1C scheme. This scheme has similar requirements to the L-1A executive and manager categories. To be eligible, the applicant needs to show that they have worked for the business outside of the US for at least one year in the last three years and that they need to apply for the EB1C within two years of entry to the US on an L1 visa. The business needs to have been established in the US for at least one year before one can apply.
1. EB-1C
A very common way to convert from an L-1 to a Green Card is through EB-1C. EB-1C is very similar to L-1 with a couple of key differences. Structurally, the idea of the EB-1C is very much the same. It’s for somebody who worked for a foreign company as an executive or a manager to transfer to a United States company as a manager or an executive.
2. Employer-Sponsored Green Card
This is different than EB-1C. This is either EB-2 or EB-3. This is more of a traditional employer-sponsored Green Card. It’s an appropriate situation where the employer tried to hire a U.S. worker but was unable to find a qualified and suitable U.S. worker for the position.
3. EB-2 National Interest Waiver
If the services that you’re providing in the United States rise to the level of being in the national interest, you may want to consider the possibility of seeking a National Interest Waiver under the EB-2 visa category.
4. Extraordinary Ability
If you’re extraordinary in the field that you’re working in while you’re on your L-1 visa, and you’ve risen to the very top of your field, you may wish to consider an EB-1A self-petitioning visa option.
5. EB-5 Visa
This is a very specific visa for investors. Basically, the way it works is that you can invest in a U.S. business, and based on that investment, you can qualify for a Green Card for you and your family.
6. Marriage to a U.S. Citizen or Lawful Permanent Resident
Another way that you can convert your L-1 to a Green Card is if you get married to either a U.S. citizen or a lawful permanent resident.
Frequently Asked Questions About the L1 Visa
If you’re considering applying for an L1 visa, you may have some questions about the process and requirements. Here are some of the most frequently asked questions about the L1 visa:
No, a significant investment is not required. However, the business should ideally be generating at least $50,000.
Yes, immigration lawyers can assist with setting up an office in the US if needed.
Both business owners and specialized knowledge staff can apply for the L1 visa.
L1A visas are for managers, business owners, and executives, while L1B visas are for employees with specialized knowledge.
While an L1 visa does not lead to a green card directly, it can be a pathway to obtaining one through the EB-1C scheme.
To be eligible for a green card through the EB-1C scheme, the applicant needs to show that they have worked for the business outside of the US for at least one year in the last three years and that they need to apply for the EB1C within two years of entry to the US on an L1 visa. The business also needs to have been established in the US for at least one year before one can apply.
Once approved, the L1 visa allows entry for up to five yea
We hope this FAQ list has answered some of your questions about the L1 visa. However, if you have more specific questions or concerns, it’s always best to consult with an experienced immigration lawyer who can guide you through the process and help you choose the best option based on your unique circumstances.
Conclusion
In conclusion, the L1 visa is an excellent option for those looking to expand their business to the US without investing large amounts of money. It allows overseas companies to transfer employees to a subsidiary in the US and allows entry up to five years. And although it does not lead to a green card directly, the pathway to a green card is through the EB1C scheme. It’s a great way to pursue the American dream, especially for those who may not have the academic profile or financial resources for other visa types, such as the H-1B. So, if you’re looking to expand your business to the US, consider the L1 visa as your ticket to success.
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