An exclusive form of an L1 visa is the L-1A, also referred to as the intra-company transferee visa for executives or managers. A U.S. corporation is able to move one of its executives from a foreign office to its U.S. office thanks to the L1A visa. If a foreign firm does not already have an office in the United States, it may use an L1A visa to send one of its representatives to set up an office there. The United States Citizenship and Immigration Services (USCIS) must receive an I-129 petition for a non-immigrant worker together with the L1A visa application. L1 visa offers eligible managers and executives a quicker route to obtaining a Green Card under the EB-1C category. Citizens of nations that are not listed on the E-1 or E-2 treaty list, such as China and India, among many others, frequently use the L1 visa to open a company in the US while a non-citizen.
The petitioning employer and the foreign business must be related in a qualified way. A parent, a subsidiary, an affiliate, or a branch are examples of qualifying relationships. The petitioner employer must either already be operating in the United States or have plans to do so soon. The planned or actual company must be operational for the required length of the employee’s L1A visa stay, also one more way of entering the US is to open a new company. Offering services, creating things, or selling goods are all included in the definition of a business.
Opening a new company not only you need to fulfill all of the needed requirements but also that business needs to be real and running. Now in this time of the internet and where everything is done online it’s not enough to just open a business you gotta have a logo, website, and social media accounts through which you can run ads.
The petitioning employee must have worked for the employer for at least one year in the three years preceding the petition date in order to be qualified for admission to the United States. Additionally, while employed in the US, the employee submitting the petition must have an executive or supervisory position with the petitioning company. The work must be done at the corporate office or a recognized branch of the company. Using the terms “executive” or “manager” to refer to someone denotes that they are in charge of managing other employees without the assistance of other executives. The employee may be in charge of a division, department, or unit at the company’s American headquarters.
The L2 non-immigrant visa allows the petitioner employee to bring his spouse and any children under the age of 21. The same amount of time as the petitioning employee’s stay is likewise granted to the dependents. By submitting form I-765, the spouse of an L1A employee may request an employment authorization document. The spouse is free to work in the US with no limitations if their EAD is accepted.
As we went through the requirements in this blog, now if you are interested in opening a new company and don’t want to deal with the required online stuff we can help you with that. Contact Webegin to schedule a consultation.