As a non-resident CEO or founder, your ambition to expand your business operations to the United States requires you to obtain the correct visa to operate in the country legally. One visa option that allows you to do this is the L1 visa.
This visa enables multinational corporations to transfer their executives or managers to U.S. affiliates or subsidiaries. In this blog post, we’ll discuss how you can unlock L1 visa opportunities by forming a US company.
The benefits of the L-1 visa include:
- Authorization to work in the U.S. for the petitioning employer.
- Authorization for your spouse to work at any U.S. company.
- The L-1 visa allows for dual intent, providing a direct path to permanent residency.
- The company can file a blanket petition for multiple employees simultaneously.
However, there are certain limitations to consider:
- The maximum validity of the L-1A visa is seven years, while the L-1B visa is valid for a maximum of five years.
- Most startup founders are only eligible for the ‘new office’ L-1 visa, granted for an initial one-year period. After the first year, the visa must be renewed, and the renewal application will be closely examined by the USCIS. Once renewed, it will remain valid for another three years.
- An individual can hold only one L-1 visa at a time, meaning they can work for only one company at a time.
1. Form A U.S Company
For your L1 visa application to be successful, you first need to set up a US-based company, which could be a subsidiary or affiliate of your existing non-US company. The new US company assumes full responsibility for your application, including financial transactions, legal compliance, and tax obligations.
The process of incorporating a new business in the US takes several weeks, and With EasyFiling, you can effortlessly establish your company remotely within minutes. Leave the rest of the process in the capable hands of our experienced team.
2. Meet the L1 Visa Requirement
The US government offers two types of L1 visas based on the level of managerial responsibility. The L1A visa targets executives or managers, while the L1B visa focuses on specialized or professional-level workers.
To qualify for the L1 visa, you must have served as a manager or executive in your non-US business for at least one year within the past three years. Furthermore, you must prove that you’re coming to the US to provide a similar service to your new company.
3. Conduct a Business and Staffing Plan
As part of your L1 visa application, the US government requires you to provide comprehensive business and staffing plans. The business plan outlines your company’s goals and objectives, financial projections, marketing strategies, and market analysis.
The staffing plan, on the other hand, highlights your company’s hiring strategy, recruitment procedures, workforce distribution, and payroll structure. As you craft these plans, ensure that they meet the specific requirements of your L1 visa application and are aligned with US immigration laws.
4. Gather the Required Documents
In order to successfully apply for an L1 visa through the USIC, it is necessary to gather and submit substantial paperwork. This includes a range of important documents such as financial statements, annual reports, detailed descriptions of the products or services offered, and employment contracts.
It is crucial to be well-prepared and ready to provide any additional documentation that may be required to demonstrate your eligibility for the L1 visa application process.
5. Choose An Experienced Immigration Lawyer
Navigating the complexities of US immigration laws can be daunting, especially if you’re a non-resident CEO or founder operating under time constraints. Hiring a competent immigration lawyer, with a proven track record in L1 visa applications, can make all the difference. An experienced lawyer will guide you through the application process, help you craft your staffing and business plan, and offer reliable legal counsel throughout the application period.
Unlocking L1 visa opportunities can be an important step for non-resident CEOs and founders looking to expand their business operations to the United States. To serve in leading roles under the L1 visa, you must meet several stringent requirements, present well-crafted business and staffing plans, and have a US-based company in place to sponsor your visa application.
Working with an experienced immigration lawyer who understands the intricacies of L1 visa regulations can make the application process smoother and ultimately lead to a successful visa application and entry into the United States.
Nabin Adhikari
