L1 Visa for the United States: A Gateway for International Businesses

The L1 visa is one of the most strategic tools for foreign companies seeking to expand into the United States or transfer key employees to a U.S. affiliate. Beyond its immigration advantages, the L1 visa also offers significant business benefits for companies aiming to grow globally.

In this article, we’ll cover everything you need to know about the L1 visa: what it is, its types, eligibility requirements, benefits, and key considerations for Latin American entrepreneurs looking to operate in the U.S. market.

What Is the L1 Visa?

The L1 visa is a non-immigrant visa that allows a foreign company to transfer an employee to a related office in the United States. This office may be a subsidiary, branch, affiliate, or even a newly established entity.

The goal of the L1 visa is to facilitate the transfer of key talent within the same company across countries—encouraging foreign investment and international business cooperation.

Eligibility Requirements

Both the employer and the employee must meet specific criteria:

Employer Requirements

• There must be a qualifying relationship between the foreign company and the U.S. entity (subsidiary, affiliate, branch, etc.).
• The U.S. entity must be actively doing business or have viable plans to begin doing so.

Employee Requirements

• The employee must have worked for the foreign company for at least one continuous year in the last three years.
• The role in the U.S. must be executive, managerial, or require specialized knowledge.

Application Process

1. Form I-129 Filing: The U.S. company submits the petition to USCIS (U.S. Citizenship and Immigration Services).
2. Petition Approval: Once approved, the employee applies for the visa at a U.S. consulate.
3. Consular Interview: The applicant is interviewed to verify eligibility.
4. Entry into the U.S.: After approval, the employee may enter the U.S. and begin working in the new role.

Key Benefits of the L1 Visa

1. Pathway to a Green Card

L1A holders (executives or managers) may apply for permanent residence (EB-1C category) without labor certification.

2. Bring Your Family

Spouses and children under 21 can receive L2 visas. Spouses may apply for work authorization in the U.S.

3. No Degree Requirement

Unlike the H1B visa, the L1 does not require a specific university degree.

4. No Annual Cap

There’s no yearly limit on L1 visas, offering greater flexibility for growing businesses.

5. Easier Entry to the U.S. Market

L1 is ideal for setting up a legal business presence in the U.S. with lower investment than E-2 or EB-5 visas.

Key Considerations

• Detailed Documentation: It's essential to show the connection between companies, the employee’s role, and (if applicable) the U.S. entity’s business plan.
• Compliance Monitoring: Authorities may conduct site visits to verify that the transferred employee is performing the stated duties.
• Timeline: The process can take several months. Consider premium processing for faster results.

L1 Visa Compared to Other Options

Visa TypePurposeInvestment RequiredAnnual CapPath to Green CardL1Transfer of executives/managers/specialistsNoNoYes (L1A → EB-1C)H1BSkilled professionalsNoYesYes (via PERM)E-2Investor from treaty countriesYes (substantial)NoNo direct pathEB-5Immigrant investor visaYes ($800,000+)LimitedYes (direct)

Use Cases for LATAM Entrepreneurs and SMBs

For business owners and startups in Latin America, the L1 visa is a powerful strategic tool:

• Business Expansion: Open a formal operation in the world’s largest economy.
• Client and Investor Access: Having a U.S. entity boosts credibility and funding opportunities.
• Tax and Logistics Optimization: U.S. presence enables more efficient operations.
• Talent Mobility: Transfer your key team members from Latin America to lead U.S. growth.

At Openbiz, we help you understand the L1 process, meet the requirements, and structure your business in a way that makes this immigration pathway viable and successful. Our team is ready to support you every step of the way.

Interested in exploring the L1 visa for your company?
Contact us and let’s build your future in the U.S. together.

‍