The foreign company and the US company must be related in an either parent/subsidiary arrangement or an affiliate arrangement. The parent subsidiary arrangement applies when the foreign company, either directly or indirectly, owns and controls at least 50% of the US business, or the US business owns, either directly or indirectly, and controls at least 50% of the foreign business. Affiliates arise when the same group of individuals own and control equal percentage of the foreign and US based entities.
You must have worked for the foreign company in a qualifying position prior to seeking the L1 visa. You do not currently have to work for the foreign company.
As long as you worked for the foreign company for one full year, within the last three years, before coming to the US to work for the US based company, you may be eligible for an L1 visa.
The regulations do not require that you track the funds from the foreign company to the US company. However, an immigration officer may request this information to verify that the foreign company can support the US company during its initial start up phase.
Yes. The US company must be active to apply for an L1 visa. This means that there must be some income coming into the business. It cannot just be a plan or an idea. It must be real and active with money being spent and money coming in.
No. You can set up the company and have it operational without direct employees. You must have a plan on how the company will create jobs for American workers, and those jobs should be created within one year of you entering the US to work for the US based company.
If you are coming to the US to set up a new business, then the L1 visa will be valid for one year. If the business has been operating for at least a year, then you may be able to seek an L1 visa for three years.
You should renew your L1 visa prior to your L1 status in the US expiring. If you have received a one-year L1 visa, then you can renew it for two additional years, and then may be able to apply for another renewal for 3 more years. If you initially received a three-year L1 visa, you may be able to renew it for an additional 3 more years. Depending on your employment status in the US, you will be eligible to be in L1 status for five or seven years.
No. The foreign company must remain active at all times while you are in L1 visa status. If the foreign company closes, then you would no longer be eligible for L1 visa status.
Your spouse will be able to work anywhere in the US, after obtaining a work authorization card.
Your children will not be able to work in the US under L1 visa dependency status.