So, you want to bring your business to the United States? There are a couple of visa options available for foreign businesses and investors looking to establish a presence in the U.S. market. The E2 investor visa and L1-A intracompany transfer visa are two of the most popular choices.
The E2 visa allows you to enter the U.S. for the purpose of directing and developing a commercial enterprise in which you have invested a substantial amount of capital. The L1-A visa enables multinational companies to transfer executives and managers to their U.S. subsidiaries. If you’re ready to take your business international and tap into the lucrative American market, the E2 and L1-A visas could be your ticket in. Here’s what you need to know to get started.
What Is the E2 Investor Visa?
The E2 investor visa allows foreign investors to enter the U.S. to develop and direct the operations of a business in which they have invested a substantial amount of capital. To qualify for an E2 visa, you must meet the following requirements:
You must be a national of a treaty country (one that holds a treaty of commerce and navigation with the U.S.).
You must invest a substantial amount of capital in a real operating enterprise. A substantial amount of capital is typically $100,000 or more, but the investment amount depends on the type of business.
You must be in a position to develop and direct the business. You must have control of the funds and be actively involved in managing the business.
The investment must be at risk. It must be subject to loss if the business fails. A loan that is secured by assets of the business is not considered an at-risk investment.
The business must generate significantly more income than just to provide a living for you and your family. It must have the potential for job creation or economic growth.
The E2 visa is renewable as long as the business continues to operate and meet the visa requirements. There is no limit to the number of E2 visas issued each year. The process begins by filing a petition with USCIS, submitting evidence to establish eligibility. If approved, you can apply for the visa at a U.S. embassy or consulate abroad.
The E2 investor visa provides an excellent opportunity to invest in and operate a business in America. With the right business plan and sufficient investment capital, you’ll be well on your way to expanding into the U.S. market and developing your company’s presence globally.
Qualifying for the E2 Visa With Your Company
To qualify for an E2 investor visa for your company, you’ll need to meet several requirements. First, you must be a citizen of a treaty country, meaning your home country has a treaty of commerce and navigation with the U.S. Currently, there are over 80 countries that qualify.
Next, you’ll need to invest a substantial amount of capital in a real operating commercial enterprise in the U.S. Generally, USCIS looks for investments of at least $100,000 to $200,000 to be considered substantial, although the investment amount depends on the type of business. The funds must be at risk in the commercial sense and the enterprise must generate significantly more income than just to provide a living for you and your family.
You must have control of at least 50% of the company. As the majority owner, you are responsible for the direction, development, and management of the business. You should also have an active role in the day-to-day operations of the company as well as policy and strategic decisions.
Finally, the enterprise must employ at least a few U.S. workers aside from yourself and your family. The business must contribute in a significant way to the U.S. economy through job creation, trade, or other business activity. Hiring local staff is an important way to show you are investing in the community.
If your company meets these qualifications, you can apply for the E2 visa through USCIS by submitting Form I-129, Petition for Nonimmigrant Worker, along with supporting evidence demonstrating you meet all requirements. The process typically takes around 5 to 7 months and if approved, the initial validity period is up to 5 years.
Understanding the L1-a Intracompany Transfer Visa
The L1-A intracompany transfer visa allows multinational companies to temporarily transfer foreign employees with specialized knowledge to their U.S. offices or affiliates. If your company has a U.S. entity, like a parent company, subsidiary or affiliate, the L1-A visa permits the transfer of executives, managers or employees with specialized knowledge to work in the U.S. for up to seven years.
To qualify, the foreign employee must have worked abroad for your company for at least one year out of the last three in an executive, managerial or specialized knowledge capacity. The U.S. entity must also be related to the foreign entity, like a parent, subsidiary, or affiliate. The employee must be transferring to the U.S. to work in a similar role.
L1-A visas are non-immigrant visas, meaning the employee has no intent to stay permanently. They can, however, apply for a green card during their stay. On average, over 70,000 L1 visas are issued annually, with the L1-A visa accounting for about 30-40% of them.
To apply, the U.S. company files a petition with USCIS on behalf of the employee. If approved, the employee can then apply for an L1-A visa at a U.S. embassy or consulate abroad. The application process typically takes 2 to 3 months. Key documents needed include evidence of the company relationship, job offer letter, evidence that the employee meets the one-year requirement, and details on the nature of the specialized knowledge.
The L1-A visa provides an efficient way for multinational companies to transfer vital talent to the U.S. to help establish or strengthen their presence. By understanding the requirements and application process, companies can utilize this useful visa category to their benefit.
Meeting the Requirements for an L1-a Visa
To qualify for an L1-A visa, your company must meet several requirements. First, your company must have a parent, branch, affiliate or subsidiary in the U.S. that has been doing business for at least one year. Second, you must currently be employed abroad by the company in an executive or managerial role for at least one continuous year in the three years preceding the filing of the L1-A petition.
As an executive or manager, your job duties must primarily involve directing the management of the organization or a department, division, or component of the organization. This includes establishing goals and policies, exercising wide latitude in decision making, and receiving only general supervision or direction from higher-level executives, the board of directors, or stockholders. You must also have a bachelor’s degree or equivalent and the necessary experience for the position.
To apply for an L1-A visa, your company will need to file Form I-129 with USCIS. They will have to prove the relationship between the foreign and U.S. companies, that you meet the requirements for the executive or managerial position, and that you have worked for the company abroad for at least one continuous year in the last three years. The company will also need to pay the required filing and visa fees.
If approved, the L1-A visa will allow you to stay in the U.S. for up to seven years, though extensions are possible. Your spouse and unmarried children under 21 may be eligible for L-2 visas to accompany you. The L1-A visa provides a path to a green card through employment-based permanent residence.
With some advance planning, meeting the qualifications for an L1-A visa is certainly doable for many foreign companies. By ensuring a close relationship between the U.S. and foreign entities and identifying valuable executives or managers to transfer, companies can leverage the L1-A program to expand their business into new markets.
How Yondaa Can Help You Get an E2 or L1-a Visa
Getting an E2 or L1-a visa for your company can be complicated, but that’s where Yondaa comes in. We have years of experience helping foreign businesses navigate the visa process and establish U.S. operations.
Expert Guidance
The visa application process involves many technical details that are easy to miss if you’re not familiar with them. Yondaa’s immigration attorney partners will guide you through the requirements for the specific visa you need, making sure no part of your application is left incomplete or incorrect. We stay up-to-date with the latest regulations to help ensure your application has the best chance of approval.
Application Preparation
Yondaa will work closely with you to prepare a strong visa application on your company’s behalf. We will help you determine which supporting documents you need to provide, review the documents, and ensure they meet the necessary criteria before submitting the final application. The strength and completeness of your application can directly impact the likelihood of approval, so taking the time to get it right is important.
Filing and Advocacy
Once your application is ready, Yondaa’s immigration attorney partners will file it with the U.S. immigration authorities on your behalf. After filing, there can still be requests for additional evidence or other issues that arise. Yondaa’s immigration attorney partners will advocate for your company, providing any requested follow-up evidence or arguments needed to strengthen your case. We have a strong track record of success in helping companies overcome obstacles and achieve visa approval.
Additional Services
In addition to the visa application process, Yondaa provides a range of services to help foreign businesses establish and operate in the U.S. These include entity formation, tax planning, and office setup. We become your trusted partner, advising you on the many aspects of doing business in America.
With Yondaa as your guide, the path to an E2 or L1-a visa and U.S. business operations becomes clear. Let us put our experience to work for your company.
Conclusion
So, there you have it. As a foreign investor or company looking to expand into the U.S., you have some excellent options with the E2 and L1-A visas. Thousands of businesses take advantage of these programs each year to open offices, start new companies, develop partnerships, and tap into the huge American consumer market. Sure, the application process can be complicated, but once approved, the opportunities are endless. What are you waiting for? Take that first step and start your business expansion into the land of opportunity.
The resources are here, the market is primed, and the time is now. With some perseverance and the right business plan, you’ll be well on your way to growing your company and achieving your American dream.
Note: Contact us for additional information on your visa options by scheduling a call with us via this link.
