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      How to Start a Business in the U.S. to Obtain an L-1 Visa?

      This article provides a step-by-step guide on how to start a company in the U.S. with an L visa.

      If you want to stay in the U.S. by starting your own business, you may consider lowering your ownership share and applying for an L-1 visa. This option is often more feasible than applying for an H-1B visa through your own business, as the L-1 visa does not require entering a lottery. Ideally, if your family owns a business in your home country, you can establish a branch in the U.S. to qualify for the L-1 visa.

      Step-by-Step Guide for Obtaining an L-1 Visa by Starting a Business

      Step 1: Establish a Company in the U.S.

      Step 2: Apply for a Federal Tax ID Number

      • Use your SSN to complete the form on the IRS website to obtain a Tax ID Number.

      Step 3: Open a Bank Account

      • You can transfer money from abroad.

      • Label this fund as the startup capital for operations. Ensure the funds meet the company's needs for at least one year.

      Step 4: Company Setup

      • Once there is money in your business account, you can start preparing the company's hardware.

      • Prepare what a normal company should have, such as an office. If funds are limited, consider renting shared spaces instead of having an independent office.

      Step 5: Determine the Company's Share Structure

      • If you have not consulted a lawyer, it is strongly recommended to do so from this step, as it involves L-1 visa requirements.

      • The parent company must own more than 50% of the shares in the U.S. branch.

      • As an individual, you must be a minority shareholder (consider transferring shares to your parents).

      Step 6: Submit the L-1 Application

      • Company Size Requirements: USCIS has relatively low requirements for new companies. As long as a company has a registered office address, proof of funds, and evidence that it can operate for at least one year, it can issue L-1 visas to its employees. However, the initial L-1 visa may only be valid for one year.

      • Applying for L-1 Extension After One Year: USCIS does not have explicit requirements for the company's operations, which provides considerable flexibility while leaving room for visa denial. The most crucial thing is having consistent transactions (both outgoing and incoming), while the total revenue is less important. For example, if there is only one large transaction in a year, the approval rate may be lower.

      • Requirements for L-1 Holders: L-1 holders must be specialized professionals or executives. However, the definition of an executive depends on the nature of the company. Since there are no explicit rules, it is best to consult a lawyer for legal interpretations. The most important point is that L-1 holders should not engage in entry-level work.

      • Requirements for the Parent Company: Similar to its U.S. branch, the parent company should be a normally operating company with consistent transactions.

       

      After Obtaining an L-1 Visa

      • After obtaining an L-1 visa, you can work legally in the U.S. However, the L-1 visa is tied to your employer. If you decide to leave your business and find another job in the U.S., you may need to apply for an H-1B visa or use Day 1 CPT.

      *  The information above is based on peer experiences. While there have been successful cases, the process involves significant risks and potential pitfalls. It is highly recommended to consult an experienced immigration lawyer in advance.