Transfer to the US on an L-1 Visa: Navigating the Requirements for Company Owners
The decision to transfer yourself to the United States on an L-1 visa involves a significant understanding of the complex immigration laws and US Citizenship and Immigration Services (USCIS)provides comprehensive information for various visa types, including L-1 article aims to clarify the requirements and provide guidance for company owners interested in transferring their employment to the U.S.
Understanding the L-1 Visa Requirements
To determine if you can transfer to the U.S. on an L-1 visa while owning 15 percent of a company, it is essential to review the eligibility criteria and the requirements set forth by the are two main types of the L-1 visa:
L1A Visa
The L1A Visais designed for managers or executives. To qualify, the petitioning employer must be able to demonstrate that the U.S-based entity is a parent, subsidiary, affiliate, or branch of the foreign company. In addition, to qualify as a manager, you must have the ability to supervise and control the work of employees or manage an organization or a subdivision of an organization. Managers also need to make decisions of wide latitude without much oversight.
L1B Visa
The L1B Visais for individuals in specialized knowledge roles. To qualify, you must have advanced knowledge of the company’s processes, products, services, equipment, research, or applications. This advanced knowledge typically encompasses more than what would be required to perform the job and meets the needs of a uniquely complex organization.
Evaluating Your Company’s Eligibility for an L-1 Visa
Even if you own 15 percent of a company, the reality is that you may not meet the stringent requirements necessary for an L-1 visa. Here are some critical factors to consider:
Qualifying Relationship:The U.S. company must have a genuine relationship with the foreign company, typically through a parent, subsidiary, branch, or affiliate arrangement. Continuation of Business:The foreign parent company must continue to operate while the employee is working in the U.S. USCIS expects the business to be sustainable and not solely dependent on the employee. Job Creation:USCIS strongly considers the potential for job creation by new U.S. companies. Merely creating a single corporate position does not meet the criteria for the program.Challenges for Individual Owners
An individual owning 15 percent of a company faces unique challenges in qualifying for an L-1 visa:
Parent Company Stability:USCIS requires that there be a stable parent company that can continue operating while the employee is in the U.S., which is especially challenging for individual owners. Corporate Structure:USCIS expects a clear corporate structure with distinct entities and operations between the foreign and U.S. companies, which may be difficult to establish with individual ownership. Documentary Evidence:Comprehensive documentation must be provided to demonstrate the legitimacy of the business and its ongoing operations, which is more feasible with established corporate structures.Seeking Professional Guidance
Given the complexity of L-1 visa requirements, it is highly advisable to consult with an experienced immigration attorney or immigration advisor.A legal professional can help assess your situation, provide guidance, and prepare the necessary documentation to support your application. Moreover, an attorney can help design a plan that meets USCIS standards and increases your chances of approval.
While transferring to the U.S. on an L-1 visa may seem challenging, the right approach and professional help can significantly improve your chances of the ever-changing nature of immigration laws and regulations, consulting with a professional is crucial.