If you're transferring personnel from Europe to the U.S. for your business, each employee will need a visa. But which visa do you need? And what are the requirements for each type? On this page, we provide more information about the L-1/L-2 visa.
L visas are specifically designed to facilitate business transfers by companies. There are two different L-1 visa classifications:
L1-A for managers and executives, and L-1B for employees with specialized knowledge. The L-1 visa is a temporary visa that allows foreign employees to work in the United States. The employee must have worked for at least one year out of the past three for a subsidiary, parent, affiliate, or branch of the company. The U.S. company must be a parent, subsidiary, or sister company of the foreign company. The L-1 visa can also be used by non-profit, religious, or charitable organizations.
The L-1 visa is an effective way for small or startup companies to expand their operations and services to the United States. With this type of visa, small businesses can transfer a manager or executive to a U.S. office.
If the foreign company does not yet have a U.S. presence, this person can also establish a U.S. branch. As USCIS will scrutinize L visa applications from lesser-known companies more closely, professional consultation with an experienced immigration attorney is strongly recommended for such small businesses.
L-1 visas can also be used by multinational companies. When multinationals are developing a new market in the U.S., it may become necessary to have some employees with specialized knowledge work in the newly established office.
Additionally, these companies can rotate managerial staff to ensure that all personnel in key positions have equal opportunities for career advancement when a suitable position becomes available anywhere in the world.
The cross-pollination of ideas among senior employees and executives enhances a company's competitiveness; this exchange often results in innovation, which is crucial for the company's reputation and development. Regular rotation of key personnel improves and ensures uniformity of services and procedures within the company on a global scale.
A full-time employment contract is not required to maintain L visa status, but the employee “must regularly and systematically spend a significant portion of time on the business while in the U.S.” Although the L1 visa holder must be employed full-time by the company, the foreign employee does not need to work full-time in the U.S. They may divide their work between the U.S. and their home country.
The "L-1 Blanket Petition Program" allows large multinational companies and frequent users of the L-1 visa category to receive a single approval from the government to transfer a certain number of employees to the United States, instead of filing separate applications for each employee.
The L-1 holder must leave the United States for at least one year and work for a foreign branch of the American company before applying for an L visa again.
L-1(A) visas are intended for individuals transferred within a company to work in the United States. The applicant for the L-1A visa must be a manager or executive of the foreign company.
The holder of the L-1A visa must have been employed continuously in a managerial or executive role for the foreign company overseas for at least one of the past three years. The L-1A visa allows a company without a current U.S. presence to send an executive or manager to the United States to establish a business.
The maximum duration of the L-1A visa is seven years. Initially, the L-1A visa is granted for one year for a new enterprise in the U.S. or for three years for a U.S. enterprise that has existed for more than one year, with extensions in increments of two years, not to exceed a total stay of seven years.
The L-1A visa is a dual intent visa, which means the holder can inform the U.S. government of their intention to eventually apply for permanent residency. Many other types of business visas, such as E1 and E2 treaty visas, are temporary and will be denied if the applicant declares an intention to stay permanently in the U.S.
The L-1A visa is flexible. The holder can travel back and forth between their home country and the United States. Unlike other types of visas, the holder is not required to reside in either the United States or abroad and can travel between the two countries.
We are eager to explore the options with you! We’re excited to offer personalized guidance to support your venture. Feel free to reach out to us. You can contact us by phone or email, and scheduling a video meeting is also an option. We’re always ready for a conversation or to provide our insights!
An individual holding L-1B status can apply for a Green Card as a skilled worker, which requires an approved labor certification. If circumstances allow, they may apply under the categories EB-1(a), EB-1(b), or NIW, which do not require a labor certification. The permanent immigration applicant can also sponsor their spouse and children.
The L-1B visa is designed for professional employees with specialized knowledge. Companies that currently do not have an established presence in the United States can leverage the L-1B visa to bring in an employee with specialized expertise to aid in establishing a new enterprise. For businesses with an existing U.S. office, the L-1B visa serves to transfer an employee with specialized knowledge to enhance operations by providing proprietary insights about a company product. The maximum duration for the L-1B visa is five years, typically issued for three years, with an extension for an additional two years.
The L-1B visa is categorized as a dual intent visa, allowing the visa holder to express an eventual intention to become a U.S. citizen. The holder of an L1 visa can bring their spouse to the U.S. under an L2 visa. The L2 visa also possesses dual intent, and the holder is permitted to work in the United States with an Employment Authorization Document (EAD). The duration of the L2 visa aligns with that of the L1 visa holder.
The L-1B visa offers flexibility. The holder is free to travel between their home country and the United States. Unlike other types of visas, the holder is not obliged to reside in the United States or their home country exclusively, offering the liberty to travel between the two nations.
The holder of an L-1A or L-1B visa, designed for intracompany transfers within multinational organizations, has the opportunity to bring their spouse to the United States with an L-2 visa. This is an excellent option for families wishing to stay together during the transfer.
Similar to the L-1 visa, the L-2 visa is a 'dual intent' visa. This means that although the L-2 visa is initially a non-immigrant visa, there is the potential to eventually apply for permanent residency or a 'green card' without risking the revocation or denial of the L-2 visa. A notable feature of the L-2 visa is that holders can work in the United States with an Employment Authorization Document (EAD). This document must be applied for separately with U.S. Citizenship and Immigration Services (USCIS) after the L-2 visa is approved. The duration of the L-2 visa matches the duration of the L-1 visa. Thus, if the L-1 visa is extended, the L-2 visa must also be extended. Generally, the L-1 visa can remain valid for up to seven years to meet business needs, allowing the duration of the L-2 visa to be proportionately extended.
How to apply for an E1 or E2 visa?
How to apply for a B1 visa?
Open a flexible location and expand your business from economically favorable states.
If you are ready to make positive changes.
While it's not exactly the same, an INC is somewhat similar to a BV or GMBH.
We are more than happy to provide a customized quote for your business.
The Van Holland Group supports you with strategic planning, clear goals, and milestones for entering the U.S. market. Discover our straightforward approach. All prices are transparent and listed online. As an entrepreneur, you want to know exactly what to expect from the start
