How to Get an L-1 Visa with an LLC

The L-1 visa is one of the most frequent cases in the court of U.S. visa categories for companies that wish to send their employees from overseas branches to the branch, a subsidiary, an affiliate, or a parent company in the U.S.

For global organizations, this is a natural process in the procedures of extending operations in the US. In the case of a Limited Liability Company (LLC) business type operating in the US, it is possible to apply for L-1 visa sponsorship for employees but with the process that both company and employee pass certain tests.

This comprehensive manual investigates how to go through this process in the right way and in the legal manner in which The L-1 visa is obtained when the business is set up as an LLC in the United States.

L-1 Visa Overview

The L-1 visa type refers to a non-immigrant visa that is issued to employees of multinational firms. It empowers the movement of workers having specialized knowledge or those managerial or executive positions from foreign affiliates, subsidiaries, or branch offices to the USA.

L-1A Visa:

• This applies to executives or managers. The L-1A visa is for senior positions; executives who look after company operations and manage a team or two in the said company.
• New offices in the us, will be under this visa for 1 year, while existing establishments can enjoy this visa for 3 years. In either case, the duration of this visa can be extended by an additional 7 years.

L-1B Visa:

• Any employee who has certain advanced knowledge regarding company operations and services is eligible for the L-1B visa.
• For new offices, it is extended for 1 year, whereas, for other established offices, the extension time is 3 years. This can also be extended by a period of 5 years if the employee still qualifies.

These employees will have a major role in managing their sas respective companies. They may also be transferred at the time of the establishment of the offices, or any specialized growth is also an option for the employees which comes as a package Thanks to their respective visas.

Key Eligibility Criteria for L-1 Visa Applicants:

These employees must also be eligible for the employer who is registered with us and he has to be an L2 applicant. He has to be eligible for all the respective criteria for applying for an L-1 visa.

Employee Eligibility Criteria:

Work Experience: In terms of work history, an employee must be employed with the overseas firm for not less than 1 full year out of the last 3 years before seeking the application.

Qualifying Role: Such an employee must know his job and will only be sent once he qualifies for the Executive or Managerial positions or any managerial positions in the US.

• Executive: The employee must be of a senior level with the ability to make decisions and operate with little to no supervision.
• Managerial: The employee must be in charge of other employees to ensure the efficient operation of the U.S. entity.
• Specialized Knowledge: The employee must have critical skills that are either rare or exclusive to the company for them to be able to perform their duties.

Intended U.S. Role: The employee should be traveling to the U.S. for a position that is comparable to the one occupied in the foreign entity (executive/managerial or specialized knowledge).

Employer Eligibility Criteria (U.S. LLC):

Qualifying Relationship:

It is a requirement for there to be a qualifying relationship between the foreign entity and the U.S LLC. These may include:

• Parent-subsidiary: The foreign company is a parent to the U.S. LLC or vice versa.
• Affiliate: Both entities have the same holding parent.
• Branch office: The U.S. LLC is serving as a branch of the foreign entity.

Operational Requirements:

• For existing U.S. LLCs: It is a requirement that the business is in the pursuit of commercial operations.
• For new U.S. LLCs: The LLC should be able to provide a feasible business model such that it would be able to become operational within one year of the issuance of the visa.

Setting Up Your U.S. LLC for L-1 Visa Sponsorship

For an L-1 visa application, your LLC business in the United States must have been registered. If the LLC is not yet registered, follow the following steps for establishing the business appropriately:

Step 1: Register the LLC

State Selection:

Decide on the state where your LLC shall be located. Ideally, popular states for LLCs include;

• Delaware: Businesses are quick in formation documents with cost-effective maintenance and business without tax.
• Nevada and Wyoming: These are almost similar in terms of tax breaks, low fees, and easier regulations.
• California, New York, or Florida: On the contrary, high-profile entrepreneurs take these states but compliance with regulations is much tighter.

Filing Formations Documents;

Ensure to fill and submit Articles of Organization (Certificate of Formation) to the Secretary of State’s Office appropriate in each country. These documents bring into being the LLC legal structure.

Designate a Registered Agent;

Moreover, the designation of a Representative is required for litigation purposes. This can only be a person or corporation according to the formation country of the LLC.

Step 2: Apply for an EIN (Employee Identification Number)

This EIN is important for many transactions like opening a US answers account, the filing of tax returns as well as the employment of even one worker in the LLC. These details can be obtained for an EIN through the IRS website.

Step 3: Open a U.S. Bank Account

Your LLC will need a business bank account in the United States. Several documents need to be presented before one gets such an account, for instance:

• Articles of Organization
• LLC operating agreement
• EIN

Step 4: Secure a U.S. Physical Office

The requirement to establish a physical business presence in the United States is particularly important for new office requests. Such options include:

• Leasing office space.
• Utilization of co-working spaces: provided the space is USCIS-compliant requirements.

Step 5: Create a Business Plan

A strong business plan is essential, especially if the LLC is a new business. The business plan should include:

• Business objectives: Clear goals for the U.S. entity’s operations.
• Market strategy: How the LLC will compete in the U.S. market.
• Financial projections: Expected income, expenses, and capital needs.
• Hiring plan: Information about U.S. staff hiring plans.

The L-1 Visa Application Process

Having registered the LLC, the next step would be the application for the L-1 visa which has two processes:

Step 1: Submission of Form I-129

USCIS requires US LLCs to submit Form I-129 (Petition for a Non-immigrant Worker). Such a petition will contain:

• Proof of the qualifying relationship: Documents such as operating agreements, organizational charts, or shareholder records.
• Employee qualifications: Job descriptions, resumes, and letters from the foreign company about the position held and the qualifications.
• Business information: U.S. LLC’s evidence regarding its activities, for instance, lease agreements, books of account, and business certificates.

Step 2: L-1 Visa Application at a US Consulate

After the application is endorsed by the USCIS, the employee may seek the L-1 visa at a US consulate located in the applicant’s home country. Documents that should be submitted include:

• The applicant’s Form I-797 (Notice of Action) was issued by USCIS.
• Certification of employment and qualification factors for the employee.
• Business evidence, Proof of Business Activities of US LLC.

Maintaining Compliance After L-1 Visa Approval

After L-1 visa issuance, the U.S. LLC has to ensure that it remains compliant with specific immigration regulations:

For New Offices:

In case the LLC is new, it is required to fulfill the following milestones within 1 year after visa approval:

• Establish that a U.S. office has been set up and that business activities are ongoing.
• Recruit local personnel and fulfill the job creation targets mentioned in the business plan.
• Demonstrate an increase in development and production activities which include contracts, customer sales invoices, and operational achievements.

For Existing LLCs:

• Document and keep up-to-date information regarding the employee including their job statements and changes to the position.
• Make extensions in good time if there is a need to renew the L-1 employee status.
• Comply with all standard requirements such as those of the U.S. LLC including taxes, employee evidence requirements, and operational requirements.

Common challenges and their solutions

Challenge 1: Evidence of the Qualifying Relationship

Some applicants find it hard to establish a business connection between the foreign organization and the U.S. LLC. To mitigate this risk, offer plenty of proof of the relationship that includes shareholder agreements, operating agreements, and financials.

Challenge 2: Proving the Operational Capability of the U.S. LLC

New businesses tend to find it hard to apply for an L-1 visa since there is an operational viability that the LLC has to demonstrate. It is required to offer a well-drawn business plan, a reasonable financial forecast, and an employee recruitment strategy.