L-1 Visa USA: Work visa for entrepreneurs, managers and specialists

The L-1 visa: Target groups

1. establishment of a branch, subsidiary or office

The L-1 visa is a work visa for the USA with which qualified employees of a company abroad can be sent to a US subsidiary, branch or affiliated company. It is used particularly frequently when setting up a new office in the USA or transferring staff to an existing US company.

2. alternative to the e-visa

The L-1 visa is also an option if the requirements for an e-visa – for example in terms of nationality, investment amount or trading volume – cannot be met. In these cases, the L-1 visa is a frequently used alternative.

3. non-profit organizations

Unlike the e-visa, the L-1 visa is also open to non-profit organizations , which can therefore also settle in the USA.

Validity and extension of the L-1 visa

Initial issue and renewal options

If the visa is applied for to establish a new office in the USA, the initial period of validity is one year. For US companies already in business, the stay can initially be approved for up to three years. Subsequent extensions of two years are possible.

Maximum length of stay

Holders of an L-1A visa may stay in the USA for a maximum of seven years. For L-1B visa holders , the maximum duration is five years. The decisive factor here is the actual physical presence in the USA, not the duration of the visa holder’s stay. Exceptions may apply for commuters who move between locations at home and abroad.

Connection with the petition

The visa is always linked to a petition. For example, if a visa is granted for five years but the petition is only approved for three years, the employee may only stay in the USA for three years. An extension of the petition is possible, a new visa does not have to be applied for.

Requirements for the company

1. qualifying company connection

A qualifying relationship must exist between the company in Germany and the US company. This can be a parent-subsidiary structure, the German and the US company can be sister companies or one can be the branch of the other.

2. continuation of the home company

The German company must continue its business activities during the employee’s posting. A temporary suspension or complete shutdown of operations excludes the use of the L-1 visa.

3. proof of office for newly established companies

When establishing a new office in the USA, a rental agreement for suitable business premises must be submitted at the time of the petition. If this has not yet been concluded, the petition is not complete and cannot be approved . Subsequent submission of a document that does not exist at this time is not possible – a new petition would have to be submitted.

Requirements for the seconded person

1. professional experience and employment

The applicant must have worked full-time for the German company for at least one year within the last three years before submitting the application. Part-time or interrupted employment relationships are not sufficient.

2. leading position

A managerial position exists if the employee makes key company decisions, manages a department, supervises other managers or has a say in personnel matters.

3. specialized knowledge

Specialized knowledge within the meaning of the L-1B visa refers to company-specific knowledge that is essential for the work performed in the USA and is not available on the US labor market. This includes knowledge of internal processes, products or services.

4th position in the USA

The job in the USA must also be either a management position or one with specialist knowledge . The exact function does not have to be identical to the previous one – a change between management and specialist function is possible.

The petition and the application procedure

Before applying for a visa, the US company must submit a petition to the USCIS . This must fulfill all requirements and provide evidence – in particular regarding the company structure, employment in the home company and activities in the USA.

All actual requirements must be met at the time of application . If only documents are missing, these can be submitted subsequently. However, if the requirements themselves are not met (e.g. missing rental agreement, required business license, etc.), this cannot be rectified retrospectively – a new petition would be required.

Blanket petition: L-1 visa without case-by-case examination

Requirements for the Blanket Petition:

Companies that regularly send employees to the USA can apply to the USCIS for a blanket petition. This allows future employees to apply directly to the US consulate without the need for an individual petition.

The blanket petition is possible if the US company has been in existence for at least one year and also fulfills one of the following conditions:

• In the last twelve months, at least ten L-1 visas were successfully applied for (for managers, executives or so-called „specialized knowledge professionals“).
• An annual turnover of at least 25 million US dollars was achieved.
• The company employs at least 1,000 people in the USA.

Important: Only certain professional groups are accepted for the Blanket Petition – specialist knowledge alone is not sufficient.

Family members in the L-1 procedure

Spouses and unmarried children under the age of 21 can enter the USA with an L-2 visa. The spouse receives a work permit, but the children do not. While children have the right to attend school or university, spouses may take up gainful employment – however, a work permit must be applied for from USCIS after entry. The relevant form is I-765. It is important to note that this application cannot be made at the time of visa issuance, but only after arrival in the USA. For some time now, work authorization has also been possible with the so-called Form I-94, which can (and should) be downloaded from the internet after entry. If the I-94 of the accompanying spouse contains an “S” in the visa category (i.e., “L-2S”), no separate employment authorization is required. However, not all border posts offer this option.

Our advice on the L-1 visa and setting up a company

We will guide you through the entire application process for the L-1 visa, from checking the requirements and preparing the petition to communicating with the USCIS and the US consulate. If you are already sure that you are eligible for the L-1 visa, you can also instruct us to apply directly – an initial consultation for a fee is then not necessary.

We also provide comprehensive advice on entering the US market. This includes the choice of the appropriate corporate form (LLC, corporation, partnership), the selection of the optimal state, incorporation and registration at federal, state and local level, tax aspects (e.g. exit taxation, double taxation agreements with the USA), contract drafting, trademark and patent protection as well as compliance advice on US regulations.

Contact us by phone or e-mail. We look forward to accompanying you on your step into the US market.