Who is eligible for the L-1 visa?
 

a) Establishing a branch, subsidiary or office in the USA

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Entrepreneurs who have already established an ongoing business in the Netherlands have the option of applying for an L-1 visa in order to set up a branch, a new office, or a subsidiary in the U.S. after formal establishment, or to send employees to an existing company belonging to the group.

b) The L-1 visa as an alternative to the E-2 visa

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An L-1 visa is particularly relevant if the path to the U.S. via an E-visa is blocked because the relevant requirements, for example with regard to existing trade, the necessary investment, or nationality – which plays an important role in the E-visa – are not or cannot be met.

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c) An L-1 visa for nonprofit organizations

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Furthermore, the L-1 visa also offers nonprofit organizations that are not eligible for an e-visa per se the opportunity to gain a foothold in the U.S.

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REQUIREMENTS

 

In the Country of Residence:
 

• Hold a managerial position in a foreign company for at least one year within the last three years;

• At the time of filing the petition, the foreign company must have at least 10 employees on staff;

• The foreign company must be a demonstrably operating and financially stable business. “Dormant” enterprises, as well as companies with low annual turnover or a small number of employees, are not suitable for this category;

• The foreign company must exist and continue operating throughout the entire validity period of the L-1 visa.
  
  In the United States:
  
  - Register a new company or acquire an existing company in the selected state, which must be affiliated with the foreign company through an individual or legal entity. The L-1 visa is therefore generally applicable to parent companies, subsidiaries, or sister companies.
  
  -Invest funds into this company;
  -Lease an office for conducting the company’s business activities (the office must meet a number of requirements);
  -Provide a 5-year business plan demonstrating both the ability of the U.S. company to generate profit and the potential to create jobs.
  
  PROCESSING TIMES
   

• On average:
  
  4–6 months — standard petition processing;
  15–30 days — premium petition processing.
  
  TRANSITION TO A GREEN CARD 
   

• Open an affiliated company in the United States

• L-1 is a nonimmigrant visa and does not by itself provide the right to obtain a Green Card. However, there is a possibility of transitioning to a Green Card through the EB-1C category, provided that the U.S. company meets a number of requirements.
  
  What are the requirements for the L-1 visa applicant?
   

• General Eligibility: 
  
  The applicant must be transferred from a foreign company to a U.S. company that has a qualifying relationship with the foreign entity.
   

• Qualifying Position:
  
  The employee must have worked either in a managerial/executive role or in a position involving specialized knowledge.
   

• U.S. Position Requirement:
  
  The position in the United States must also be managerial, executive, or require specialized knowledge. The role abroad and in the U.S. do not have to be identical.
   

• Executive Position:
  
  An executive position generally involves managing the company or a department, supervising senior employees, and participating in hiring and firing decisions.
   

• Specialized Knowledge:
  
  Specialized knowledge may relate to the company’s products, services, internal procedures, technologies, or operational processes. The knowledge must be company-specific and not readily available on the U.S. labor market.
   

• USCIS Scrutiny:
  
  USCIS carefully reviews specialized knowledge cases. Weakly documented petitions frequently receive Requests for Evidence (RFEs), which may significantly increase processing times.
   

• Employment Duration: 
  
  The applicant must have worked for the foreign company for at least one continuous year within the three years preceding the L-1 application.
   

• Full-Time Employment:
  
  Only full-time employment qualifies for L-1 eligibility. Part-time employment does not satisfy the requirement, even if it lasted for several years.
   

• Qualifying Corporate Relationship:
  
  The U.S. and foreign companies must maintain a qualifying relationship, such as parent company, branch, subsidiary, or affiliate structure.
   

• Specialized Knowledge Labor Market Standard:
  
  USCIS evaluates whether the required knowledge is sufficiently unique and whether comparable expertise is available within the U.S. workforce.
  
  
  ADDITIONAL INFORMATION 
  
  Subcategories: L-1A and L-1B
   

• The L-1 visa is divided into two subcategories: L-1A for executives and managers, and L-1B for employees with specialized knowledge. L-1A visa holders can stay in the United States for up to seven years, while L1-B visa holders can stay for up to five years.
   

• Spouses and unmarried children under the age of 21 may also accompany L-1 visa holders to the U.S. under the L-2 visa category. L-2 spouses are allowed to work in the US.
   

• Initially, the L-1 visa is issued for one year in the case of opening a new company in the United States. If an operating business that has existed for more than one year is acquired, the visa is initially issued for 3 years.
  
  For visa extension:
   

• By the end of the first year of operation of the U.S. company, it is necessary to create at least 6 jobs. Two of the hired employees must occupy managerial positions;

• It is necessary to demonstrate active commercial activity of the U.S. company and its ability to generate profit.

• If these conditions are fulfilled, the visa is extended for another 2 years. A total of 3 such extensions is possible. Subject to obtaining all extensions, it is possible to remain in the United States on an L-1 visa for a maximum of 7 years (1+2+2+2 or 3+2+2).

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