The L1 visa is one of the best avenues under U.S. Immigration Law for foreign business owners to open new offices within the United States. There are several criteria that must be met to qualify to expand operations into the United States from a foreign country. The main criteria include:
- Proof of qualifying relationship between the foreign entity and the new U.S. entity;
- Proof of sufficient premises to do business within the United States;
- Proof that the transferring employee has worked for the foreign entity in an executive, managerial, or specialized knowledge position for at least 1 year preceding the application, AND
- Proof that the foreign operations will continue unencumbered after the transfer takes place.
This article focuses on the last proof from above, “Proof that the foreign operations will continue unencumbered after the transfer takes place.” For large corporations the question of the continued foreign operations is generally a non-issue. However, for many smaller operations, and sole proprietors, this can be difficult to prove. Before an L1 visa for a new office can be approved, the adjudicating official must be satisfied that the departure of an executive or managerial level employee will not adversely impact the foreign operations. There must be a qualified and capable employee at the foreign operations that will manage operations while the executive or managerial level employee goes to the United States to open and operate the new office. If there is not an employee in place to manage and oversee the foreign operations, the adjudicating official will not approve the L1 visa.
If you are seeking to expand your foreign operations into the United States through the creation of a U.S. office, I can help. I have experience assisting large corporations to sole proprietors expand their business footprint through the creation of new offices by way of the L1 visa. Contact me today so that we can help you to expand your operations into the United States.
Email: JR@RichardsKruger.com or Call: 716-832-2222