There is no doubt that the United States represents an enticing market for many foreign businesses.
Once you have done your research as to the markets you wish to penetrate, the businesses you wish to partner with, or the people your product/service is meant for – it’s time to determine just how your presence in the U.S. will look.
You may choose to send a knowledgeable representative to live in the United States to represent your interests, or perhaps you are looking to open an affiliate office. Either way, you should be apprised of the legal immigration requirements which will allow for your people to live and work here. To this end, foreign businesses should understand L1 visas, and make a determination as to which is right for them.
(please note these explanations only scratch the surface. You should contact a qualified immigration attorney when the time is right to move forward.)
U.S. Citizenship and Immigration Services (USCIS) offer two L1 visas for your expanding business – L1-A and L1B.
L1 Visas – Which is Right for Your Business?
L1A Visas
The L-1A visa designates a non-immigrant classification status. This visa allows a foreign company with no existing affiliated U.S. office to send an executive level employee to the United States. This executive or manager’s intent should be to establish a U.S. business presence, although physical premises must already be in place. The executive/manager is one who is able to conduct business and make strategic and high level decisions without direct supervision or oversight. As the employer, the foreign business interest must file a Petition for a Nonimmigrant Worker on behalf of their employee. (See Form 129).
The employee traveling to the U.S. must have a qualifying prior relationship (minimum 1-3 years) with the company sending them. The foreign business must be doing business as an employer in the United States and in at least one other country for the entire tenure of the L-1A beneficiary’s stay. The length of stay is 1-3 initial years, allowable to be renewed with to a maximum of 7 years. Qualified family members of L-1 beneficiaries (spouses and unmarried minor children) may generally be granted entry on L-2 visa status.
Definition: “Doing business” means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad. (from the USCIS website).
L1-B Visas
The L-1B non-immigrant classification differs from an L1-A in that it grants access to an employee with specialized knowledge regarding the business (but not necessarily a manager or executive with decision making abilities.) Specialized knowledge is defined as an advanced level of knowledge regarding the foreign company’s product, service, research, equipment, techniques or management. The qualifications for L-1B classification are similar to the L1-A qualifications.
L1 visas also apply to United States companies who wish to bring a specialized foreign employee to the United States. Spouses of those with L1 status may work in the United States by filing a Form I-765, Application for Employment Authorization. If approved, there is no specific restriction as to where the L-2 spouse may work.
Thinking of Expanding a Business into the United States?
When starting a new business venture in another country, it is easy to get derailed by policies and laws which you did not properly understand. If you want to ensure that your business does not waste time and money, as well as to protect employees who you are sending to the United States, call an immigration attorney to help you to navigate these personnel issues. Once your employees are legally living in the United States, they can get to work helping you to break into the thriving U.S. economy. Have questions? Call the immigration attorneys at Probinsky & Cole today.
