The[ L1 visa program](https://www.grapelaw.com/visas/investor-and-trader-visas/l-1-a-visa) represents a crucial pathway for international businesses looking to establish or expand their presence in the United States. As companies increasingly seek global expansion opportunities, understanding the intricacies of the L1 visa process becomes essential for business owners, executives, and managers. This comprehensive guide addresses key questions about eligibility requirements, operational considerations, and practical aspects of obtaining an L1 visa, particularly for new office setups and small to medium-sized enterprises.

Navigating the complexities of immigration law and business establishment in the United States can be challenging, especially for those unfamiliar with the U.S. legal system. From determining eligibility criteria to understanding capital requirements and family considerations, numerous factors must be carefully evaluated to ensure a successful L1 visa application. The questions and answers below aim to clarify some of those crucial aspects and provide certain practical insights for businesses considering expansion into the U.S. market.


---
### **1. Can the L-1 business be an owner-run business, for example, a one-person consultancy? Is that person eligible for the L1 visa?**

Your own company can sponsor you for the L1 visa, but if the business is owner-run and there’s only one employee—the owner—it becomes difficult to build a strong petition for the L1 visa. The L1 visa is intended for executives, managers, or employees with specialized knowledge transferring to a U.S.-based entity.

For the L1 visa to be viable, the company abroad needs to demonstrate operational capacity and a sufficient workforce. While there is no explicit regulation on the minimum number of employees required, based on experience, it’s advisable to have at least 15–20 employees in the company abroad. This creates a credible case for why a managerial or executive position is necessary.

USCIS looks for evidence that the company has substantial operations abroad and requires a manager or executive in the U.S. Smaller companies with fewer employees have had their petitions approved, but a one-person business typically doesn’t meet the threshold for demonstrating organizational complexity or operational need.

### **2. Is the L1A visa eligible for a partner or director who wants to move to the USA to start a new establishment?**

Yes, a partner or director in a company can apply for an L1A visa to establish a new office in the U.S. However, the application must include substantial evidence showing the applicant’s involvement in the business abroad. This includes documentation of responsibilities such as managing departments, leading teams, or overseeing critical operations.

The petition must demonstrate that the applicant will continue to work in a managerial or executive capacity in the U.S. For new offices, USCIS also requires a comprehensive business plan, proof of sufficient funds to start operations, and projections for the office's growth, including hiring plans. With adequate preparation and evidence, owners and directors can successfully transfer to the U.S. under the L1A visa.

### **3. I am looking for a new office under the L1 visa program. Do you support finding a new office and establishing the entity in the USA?**

We provide services to help establish your company in the U.S., including incorporating your business and preparing legal and compliance documentation. However, we do not directly assist with finding office space.

We recommend using online platforms like coworking space directories or commercial real estate websites to identify potential office spaces. Once you have shortlisted options, we can guide you on which office setup may align best with your business operations and visa requirements.

### **4. How much capital is needed to show sufficient funds for an L1 visa new office setup?**

The capital required depends on the type of business you plan to establish. For example:

- **Import/Export Businesses:** These typically require less capital, as they don't involve extensive infrastructure. The focus is on inventory and operational costs.
- **Manufacturing Businesses:** These require significant upfront investments in equipment, facilities, and other infrastructure, leading to higher startup costs.

USCIS does not specify a minimum capital amount, but you need to show that your business has sufficient financial resources to support operations and sustain itself in the U.S. You’re not required to put this capital at risk immediately, but you must provide evidence—such as bank statements or financial forecasts—that funds are available. A detailed business plan with financial projections is critical to satisfying this requirement.

### **5. How many people can one partnership firm move under the L1 visa if there are only four partners? Can they move their families as well?**

The number of people a firm can transfer depends on the business's scale and the positions being transferred. After the first year of operations in the U.S., the company must validate the need for having managers or executives on-site. For example:

- If you plan to employ 50 people in the U.S. within a year, it’s more plausible to justify transferring multiple partners or managers.
- If the U.S. operations remain small, transferring multiple individuals may not align with USCIS expectations.

Once approved for an L1 visa, spouses and children under 21 can join the visa holder in the U.S. on L2 visas. Spouses can work in the U.S. without restrictions too.

---

Successfully navigating the L1 visa process requires careful attention to detail and thorough preparation. While the program offers valuable opportunities for business expansion into the U.S. market, applicants must meet specific criteria regarding business operations, financial capacity, and organizational structure. Whether you're a sole proprietor, partner, or director, the key to success lies in demonstrating a genuine business need, sufficient operational capacity, and clear plans for sustainable growth in the U.S. market. By understanding these requirements and preparing accordingly, businesses can effectively utilize the L1 visa program to achieve their international expansion goals while ensuring compliance with USCIS regulations. 

---

The questions above are compiled from the questions asked during Grape Law's webinar on L-1 visa, which have taken place on September 26, 2024. Watch the recording of the webinar [here](https://webinar.grapelaw.com/l-1-visa-for-enterprises-and-startups
).

For more specific questions about your situation or to receive personalized guidance on your L1 visa application, please don't hesitate to contact us at [info@grapelaw.com](mailto:info@grapelaw.com).

 L-1 Visa for Enterprises and Startups FAQ, Answered

Business people in an airport, pulling their luggage.

medium_calisma38.png

small_calisma38.png

thumbnail_calisma38.png

calisma38.png

 L-1 Visa for Enterprises and Startups

The H-1B visa stands as a testament to the U.S.’s recognition of the immense value that expert professionals from around the globe bring to its industries. In our business immigration practice, we have facilitated the arrival of countless skilled workers who contribute to sectors in critical need of their expertise. These talented individuals drive innovation, fill essential skill gaps, and help maintain the United States' status as a leader in the global economy. The H-1B visa program is more than a pathway to employment for these professionals; it is a strategic tool that injects vitality into the American workforce and stimulates economic development.

## The H-1B Visa: Ideal Work Sectors and Professions 

The H-1B visa is ideal for professionals in 'specialty occupations'. These occupations are roles that necessitate a high degree of specialized knowledge typically obtained through a bachelor's degree or higher. Fields like information technology, engineering, finance, healthcare, and education are prime sectors where H-1B visa holders can work. These professionals range from software developers and engineers to financial analysts, researchers, and educators who bring a wealth of knowledge and innovation to the U.S.

In the tech industry, for example, the rapid pace of advancement and the need for specialized skill creates a demand for immigrant professionals ready to fill the available positions in the U.S. H-1B visa holders step into these roles, driving technological advancement and supporting the sector's growth. Similarly, in healthcare, specialized physicians and researchers come to United States to offer their services in industries that lack qualified professionals, contributing to medical advances and patient care.

## The H-1B Visa Cap, Demystified 

The H-1B visa program is capped at 85,000 visas annually, with 20,000 reserved for applicants holding a master's degree or higher from U.S. institutions. The cap is often quickly met, which means employers and prospective employees must be strategic in their application timing and preparation. Applying as soon as the application period opens and considering premium processing (only available for applications in the U.S.) can improve the chances of selection in the lottery.

For those not selected, alternative strategies include exploring other visa categories such as O-1 and L-1, or extending their stay on student visas through Optional Practical Training (OPT) if applicable.

 ![](/uploads/H_1_B_working_in_the_U_S_552038f7e3.png) 

## H-1B Visa Application Process: Lottery System and Pathway to Green Card

The H-1B visa application process is multifaceted. It begins with an employer filing a Labor Condition Application (LCA) with the Department of Labor, followed by the Form I-129 petition to USCIS. The highly anticipated lottery system then determines which petitions will be processed, a selection that hinges on the annual cap.

Once granted, the H-1B visa allows for an initial stay of three years, extendable to six, with options for further extensions under certain circumstances. It also opens a pathway to permanent residency for many. H-1B holders can transition to a Green Card through employer sponsorship, typically via the EB-1 or EB-2 NIW visa categories.

## Economic Advantages of H-1B Visa Holders in the U.S.

H-1B visa holders are amongst the most sought-after talents that hold the potential of revitalizing the U.S. economy. This can be explained in various. Firstly, they often occupy high-paying jobs, increase consumer spending and add to the tax revenue. Secondly, their specialized skills drive the introduction of new products & services, which in turn stimulate business growth and productivity. And thirdly, H-1B visa holders fill roles in research and development, leading to technological advancements that can energize entire industries and create new jobs for American workers too.

Additionally, the presence of these professionals attracts further investment and encourages domestic students to pursue STEM careers that fosters a future pipeline of homegrown talent. It's a cycle of growth and innovation that starts with the expertise of H-1B visa holders and ripples throughout the country's economy, benefitting businesses and consumers alike.

## Fostering Innovation and Economic Growth Through H-1B Visa Holders

Beyond individual contributions, H-1B visa holders play a pivotal role in furthering innovation and economic growth within the U.S. Their know-how in cutting-edge work fields leads to new patents, startups, and technological breakthrough that keep America at the forefront of global innovation. This is particularly evident in sectors like renewable energy, AI, and biomedicine, each are amongst the critical emerging technologies of today. 

Economic impact created by H-1B visa holders is multifaceted, too, and generates a dynamic and competitive workforce essential for a thriving economy anywhere. Studies have demonstrated that H-1B workers complement the U.S. workforce that leads to increased wages and job opportunities for American workers as well. It is evident that by facilitating the entry of global talent, the H-1B visa program not only enriches individual businesses but contributes to the broader economic narrative that nurtures an environment of progress and prosperity in the U.S.

 ![](/uploads/The_H_1_B_visa_workers_b5319f4f5b.png) 

## Benefits for Companies: Leveraging Foreign Expertise Through the H-1B Visa

A whole new parenthesis must be opened for companies in the U.S. Companies seeking to employ professionals through the H-1B visa program stand to gain immensely from the influx of immigrant experts. These skilled individuals bring groundbreaking ideas, global perspectives, and specialized knowledge that can lead to industry-altering solutions and services. Their presence often encourages domestic employees to advance their portfolio of skills, laying the ground for a culture of continuous professional development and knowledge sharing.

For businesses, sponsoring H-1B visas is an investment in workforce diversity and global competitiveness. Besides, H-1B visa holders help bridge cultural gaps in an international marketplace, providing insights into emerging trends and technologies. Furthermore, companies that sponsor H-1B visas stand out as attractive employers for top global talent and enhancing their reputation and ability to recruit the best in their fields.

In short, the H-1B visa program stands as a unique bridge through which a wealth of international talent enters the U.S., bringing with them not only their expertise but also their potential to spur significant economic and innovative growth. The ability of U.S. businesses to tap into this international pool star professionals is more than a mere staffing solution; it's a strategic advantage in a competitive global market. 

The H-1B Visa and its impact on the U.S. industries.

medium_THE H-1B Work Visa.png

small_THE H-1B Work Visa.png

thumbnail_THE H-1B Work Visa.png

THE H-1B Work Visa.png

The H-1B Visa – A Catalyst for Industry Growth

Contact Us

Bize Ulaşın

large_contact-map.png

medium_contact-map.png

small_contact-map.png

thumbnail_contact-map.png

contact-map.png

Grab a Grape

large_thankyousoooooooon.webp

medium_thankyousoooooooon.webp

small_thankyousoooooooon.webp

thumbnail_thankyousoooooooon.webp

thank-you-background.webp

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

thumbnail_favicon.png

favicon.png

small_grape-law-logo.webp

thumbnail_grape-law-logo.webp

grape-law-logo.webp

icon-facebook.svg

icon-instagram.svg

icon-linkedin.svg

Deneyimli avukat ekibimizin rehberliği hukuki ihtiyaçlarınız boyunca hizmetinizde. HAKKIMIZDA ÇALIŞMA ALANLARI Göçmenlik Hukuku Firmamızla; ticari göç, istihdam göçü, aile ve öğrenci göçü vb. birçok göçmenlik hukuku alanlarındaki uzmanlığımızı kullanarak farklı göçmenlik motivasyonlarına sahip müvekkillere hizmet etmeyi hedefliyoruz. Detaylar Ticaret Hukuku Sürekli değişmekte olan ticaret şartları ve yönetimi uzmanlığımızı, nihai sonuca ulaşmayı hedefleyen titiz müvekkil hizmetimizle

icon-twitter.svg

grape-law-logo-white.svg

icon-youtube.svg