Investor Visa USA

To qualify for an L-1 investor visa, you must meet all requirements of the new office L-1 investor visa USA program. Below you can find a summary of the new office L-1 investor immigration requirements:

1. Qualifying relationship with foreign company:

   The L-1 investor visa USA rules mandate that there be a qualifying relationship between the US company and the foreign entity. To be eligible for the L-1 investor visa USA program, you must show that your US company is a subsidiary, branch, or other affiliate of your foreign company.

2. Doing business both in the United States and abroad:

   The L-1 entrepreneur visa USA regulations require that your company be doing business in both the United States and a foreign country for at least the duration of your L-1 investor visa stay. The rules define “doing business” as the “regular, systematic, and continuous provision of goods and/or services.” The presence of an agent or an office alone will not constitute doing business and will not meet this L-1 investor immigration requirement.

3. Employed as a manager or executive in US business:

   The L-1 investment immigration USA program requires that you be entering the United States to work in an executive or managerial capacity. This is different from the EB-5 investor visa USA program which allows you to obtain a US investor green card without having to actively manage your US business. While an L-1 investor may hire managers to supervise the day-to-day operations of the US business, the investor cannot take a completely hands-off role without violating the L-1 entrepreneur visa USA rules.

4. Employed as manager or executive in foreign company:

   The L-1 business investment visa USA rules require that you have worked in a managerial or executive capacity for the foreign entity for 1 continuous year within the last 3 years immediately preceding your admission to the United States in L-1A status.

5. Physical premises:

   To be eligible for the L-1 investor visa USA program, your US company must have secured sufficient physical premises for its new office in the United States.

6. Able to support executive or managerial position:

   The L-1 investor visa USA rules require that you demonstrate that your new US operation will grow to a size sufficient to support an executive or managerial position within one year of approval of your L-1 investor visa petition. Because most new ventures cannot show significant revenue and do not hire numerous employees in their first year of operation, it is critical to demonstrate the projected growth of your US company. Through my years of experience working with foreign investors, I have devised various strategies on how to document a newly formed US enterprise’s need for a managerial or executive level employee within one year of commencing operation.

The L-1 investor visa USA process can be broken down into three phases. First, you must establish a new US affiliate office and make all necessary investments to commence doing business in the United States. Second, you document your investment and prepare your L-1 investor visa petition for filing with USCIS. Third, once your L-1 investor immigration petition is approved by USCIS, your case is transferred to a US consulate or embassy where you can apply for your L-1 investment immigration USA visa.

As your entrepreneur visa USA attorney, I use my extensive business law and investor immigration experience to represent you throughout the entire L-1 investor visa USA process. I have the necessary foreign direct investment experience to help you plan and structure your company’s US expansion and the investor immigration background to prepare your L-1 investor immigration application. A summary of the L-1 investment-based visa USA process is provided below:

1. Evaluate your proposed plan for your new L-1 affiliate office in the United States.
2. Develop a detailed strategy for your US expansion.
3. Organize your US affiliate office, including filing of organizational documents with the Secretary of State, drafting relevant affiliation agreements, and obtaining all necessary permits, licenses, and tax numbers.
4. Finalize all new US office formation related transactions, including opening necessary business bank accounts and obtaining the required physical premises, such as US office space.
5. Negotiate and finalize all investment transactions, including drafting and reviewing relevant contracts.
6. Assemble, review, and organize all new US affiliate office related documents to demonstrate L-1 investor visa eligibility.
7. Prepare and file L-1 investor visa petition with USCIS.
8. Prepare and file L-1 investor visa application with the appropriate U.S consulate or embassy, if the applicant is outside the United States at the time the L-1 investor visa petition was filed.

Your family members, including your spouse and children under 21, can also take advantage of the L-1 investor visa USA process. The L-1 entrepreneur visa USA rules allow your spouse and children under the age of 21 to apply for an L-1 dependent visa together with your L-1 investor visa application. The L-1 investor immigration USA regulations permit your spouse to work anywhere in the United States. Your children may attend school on an L-1 dependent visa but may not work in the United States.

A particular investor immigration program is not always the best fit for everyone. To determine whether the L-1 investor visa USA program is a good option for your case, please find a summary of key considerations below:

1. Investment amount below EB-5 US investor green card requirement:

   If your new US business does not need a capital investment greater than that required by the EB-5 investor visa program, but you wish to relocate to the United States through investment, then the L-1 investment immigration USA program may be a good fit for you. The L-1 entrepreneur visa USA option does not require a minimum investment, allowing you to move to the United States regardless of the startup costs of your new US business.

2. Not a treaty country citizen:

   The L-1 investor visa USA program is a great option if you wish to expand your foreign business to the United States but are not from a treaty country. Unlike the E-2 investor visa, the L-1 investment immigration USA program is available to citizens of all countries worldwide. The L-1 investor visa is a great entrepreneur visa USA solution because it allows your spouse and children under the age of 21 to accompany you to the United States to develop your business.

3. Considering becoming a permanent resident:

   Because the L-1 investor visa is a dual intent nonimmigrant visa, it provides you with the most flexibility in deciding whether to apply to become a permanent resident in the United States. The L-1 investor visa USA program does not require you to intend to depart the United States at the conclusion of your stay in L-1 status. This means that if you would like to make the United States your permanent home, you can file for a US green card without the additional steps required for other nonimmigrant visa holders. In addition to the EB-5 visa USA program, L-1 investors often qualify for an EB-1-C Multinational Manager green card.

4. Transferring foreign workers to US operation:

   The L-1 investor visa USA option may be useful to your business if you would like to transfer individuals employed by your foreign affiliate entity to your US company. The L-1 entrepreneur visa USA rules permit a qualifying business to transfer foreign employees working in a managerial, executive, or specialized knowledge capacity to its US operations. The spouse and children under the age of 21 of your qualifying foreign employees would be eligible for L-1 dependent visas, making the L-1 an appealing investor immigration option.