In today’s business world, borders are disappearing. A company in Germany can open an office in New York, and a tech team in Turkey can serve customers in California. To stay competitive, it is becoming more critical for companies to transfer key employees between countries quickly and legally. This is where the L-1 visa comes in.
The L-1 visa is a work visa that allows international companies to transfer employees from their foreign offices to their branches or affiliates in the USA. It provides a great advantage, especially for managers, top executives, and professionals who play a key role in the company’s success with their specialized knowledge.
L-1A Visa: Transferring to the USA as a Manager
The L-1A visa allows people working as managers or executives within a company to be transferred to the USA. The key word here is “manager”. For USCIS, this is not just a title; it is an actual job description.
The applicant is expected to:
Manage a team
Have the authority to make decisions and give directions
Be in a position that manages operations rather than doing the daily work
For this reason, people who manage the structure are considered for the L-1A visa rather than those who are active in daily operations.
New Office in the USA: An Early Advantage That Needs Planning
The L-1A visa can also be obtained through newly established US companies. This is an important opportunity for many investors. However, for new companies, the process usually works like this:
If the US company is newly founded, the visa is usually given for 1 year
During this time, the company is expected to become active and grow
It must be shown that the manager position can be sustained
Therefore, setting up the right business plan and organization from the start is very important for “new office” applications.
L-1B Visa: Having the Company’s “Specialized Knowledge”
The L-1B visa is designed for specialist employees who have mastered the unique knowledge and processes of a company. The main point USCIS looks at is this: Is this knowledge truly unique to the company, or can an outsider learn it in a short time?
If the information:
Can be transferred in a short time
Is common in the market
In this case, it may be difficult to qualify as “specialized knowledge”. Therefore, in L-1B applications, it is important to correctly explain the knowledge and value the employee adds to the company.
How Does the L-1 Process Work?
The L-1A or L-1B visa process moves forward in specific steps after the correct company structure is set up.
This process generally consists of three main stages:
Creating the company structure, the USCIS application, and the visa (consular) process.
1. Creating the Company Structure
In the first stage, the relationship between the company to be established in the USA and the company abroad is clarified. This connection is a fundamental part of L-1 applications. At this stage:
The company is set up in the USA (LLC or Corporation)
A relationship (affiliate, parent, subsidiary) is established between the foreign company and the US company
The company’s field of activity and business plan are decided
For new office applications, the growth plan and operational structure are clarified
This preparation ensures the application is built on a solid foundation.
2. USCIS Application (Form I-129)
After the company structure is created, the US company applies to USCIS on behalf of the applicant. The main form used at this stage is: Form I-129 (Petition for a Nonimmigrant Worker). In the application file, the relationship between the companies, the applicant’s role abroad, their position in the USA, and the organizational structure are explained in detail.
3. Consular Process and Getting the Visa
After the USCIS application is approved, the visa process begins for people outside the USA. At this stage:
The DS-160 form is filled out
An appointment is made at the consulate
A visa interview is conducted
It is important that the answers given in the interview match the information in the USCIS application.
4. Entry to the USA and Starting Activities
After getting the visa, the person enters the USA and starts their duties. Company operations are activated, the business plan is put into action, and employees are hired if necessary.
How Long Does the Process Take?
The total time for the L-1 process can change depending on the application details and the processing type.
Company setup and preparation usually finish within a few weeks
The USCIS application (I-129) can take an average of 2 to 6 months with normal processing
If premium processing is chosen, the USCIS evaluation is completed in 15 days
The consular process usually takes between a few weeks and a few months
Ways to Move from L-1A and L-1B to a Green Card
One of the most important features of the L-1 visa is that it allows “dual intent”. This means L-1 holders can keep their non-immigrant status while also applying for a Green Card.
Green Card from L-1A
The strongest path for those with an L-1A is the EB-1C category. Once the company is active and the management layers are clear, this application is made. There is a requirement to be in the USA for 1 year.
Green Card from L-1B
For those with an L-1B, the process usually goes through EB-2 or EB-3 (employer sponsorship with the PERM process). In some cases, the EB-2 National Interest Waiver (NIW) can also be an option.
Organizational Chart: The Key to the Process
In both L-1A and EB-1C processes, the organizational structure is one of the most important factors. The number of employees, management levels, and the applicant’s position must be shown clearly.
The main question USCIS asks is: “Is this person really a manager, or are they doing the work themselves?”.
Why is Starting the Process Correctly Important?
L-1A and L-1B visas are powerful tools for entering the USA. A Green Card is achieved by growing this structure correctly. Therefore, the process should move by first setting up the right structure, then developing the company, and then planning the Green Card.
Case Study: Archexpome’s Expansion to the USA
Client Profile:
Archexpome is an interior architecture firm based in Turkey that specializes in exhibition stands.
Goal:
To enter the US market and operate in cities like Las Vegas where the fair sector is strong.
Legal Support:
As MC Law Firm, we provided consultancy for the setup of Archexpome LLC in the USA and gave full legal support for the L-1 visa process.
Result:
The L-1 visa was approved, and Archexpome LLC officially started its operations in the USA.
MC Law Firm Approach
In every file, we ask this question from the beginning: “Is this case just a visa, or a path to a Green Card?”. We analyze the company structure and plan the L-1 and Green Card processes together.
When planned correctly, L-1A, L-1B, and EB-1C processes offer a strong path to starting a business and getting permanent residency in the USA. The important thing is to choose the right category, set up the company structure accordingly, and plan the process from the start.
If you want to get an L-1 visa by starting a company in the USA and plan your Green Card process, you can contact us. Let’s evaluate your file and determine the best path for you together.
