Small Businesses and the L-1 Visa

The L-1 visa program isn't just for corporate giants. Small and new businesses can leverage it to bring qualified employees to their U.S. offices. However, there are specific requirements to demonstrate your eligibility.

The L-1 Advantage for Small Businesses:

The L-1 visa allows intracompany transfers, enabling employees from your foreign company to work in your U.S. branch, affiliate, or subsidiary. This can be particularly useful for filling managerial or executive roles with individuals who possess specialized knowledge of your company's operations.

Key Considerations for New U.S. Offices:

• Qualifying Relationship: Your U.S. and foreign entities must be connected as a parent company, subsidiary, branch, or affiliate.

• New Office L-1 Visa: Initial approval for a new U.S. office is typically one year. You'll need to convince USCIS of your business's viability and ability to support the transferred employee.

• Demonstrating Viability:

  • Secure a physical office space.

  • Present financial records proving you can support the employee's managerial or executive role.

• Employee's Role:

  • The transferred worker must assume a managerial or executive position within your U.S. operation.

• Supporting Documentation:

  • A business plan outlining goals, objectives, and financial projections can strengthen your case.

  • Provide evidence of ongoing business activity, such as leases and financial records.

• Blanket L Petition (Optional):

  • Qualifying multinational companies can streamline the process for frequent transfers with a Blanket L petition.

Navigating the Process:

The L-1 visa application process can be intricate, especially for new businesses. Consulting with an immigration attorney is highly recommended. They can ensure you meet all the criteria and guide you smoothly through the application stages.

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