L-1 Visa for to Open a U.S. Office

If you have a non-U.S. Company and wish to open a U.S. branch, the L-1 visa a good option.

New Office Requirements.  If the application is for an employee coming to the U.S. to open a new office, the employer will need to show the following:

• Sufficient physical premises to house the new office have been secured (i.e., a signed lease);

• Employee has been employed for one continuous year in the three year period preceding the filing of the petition in an executive or managerial capacity and that the proposed employment involved executive or managerial authority over the new operation; and

• The intended U.S. operation, within one year of approval of the petition, will support an executive or managerial position by showing 
  • The proposed nature of the office describing the scope of the entity, its organizational structure, and its financial goals (i.e., a business plan)
  • The size of the U.S. investment and the financial ability of the foreign entity to remunerate the employee and to commence doing business in the U.S. (e.g., website printout, marketing materials, financials including last two years tax returns, orders for inventory, equipment leases, etc.
  • The organizational structure of the foreign entity

Manager or Executive

• The employee coming to the U.S. to open the branch office will be an “executive,” or a “manager” with “specialized knowledge.” 
  • An “executive” directs the management of the company or a major part or function of the organization, such as a vice-president or controller.
  • A “manager” directs the organization or a department, or supervises a core function of the organization.
  • Specialized knowledge means having particular knowledge of the company's products and their applications in world markets, or proprietary knowledge of the company's processes or procedures.

• L-1 Visa is temporary meaning you must intend to depart the U.S. when your stay is over.  However, under the theory of Dual Intent, you may pursue permanent residency while holding an L-1 visa without negatively affecting your status. 

No Prevailing Wage Requirement

• Unlike the H-1B visa, employers are not required to show that the employee meets the “prevailing wage” of similarly employed U.S. workers. Income in the United States.  The wage paid to the manager or executive must only be “sufficient” to support their stay in the U.S.

Length of Stay

·         A New Office application may only be approved for one year.  Thereafter it may be extended upon presentation of evidence that the business is active and operating.  After that one year period, the below provisions apply.

·         L-1 visas are granted for up to three years at a time and are renewable for a total stay of 

o   seven years for executives and managers (L-1A)

o   five years for (non-executive/non-manager) employees with specialized knowledge (L-1B)

Dependents

Spouses and unmarried children of L-1 workers may receive L-2 status and may be able to obtain work authorization.  Dependents may study at U.S. schools and universities.