I Have An Overseas Company & Want to Open a U.S. Subsidiary. Which Visa Do I Need?
2/7/2024
If you are looking for a lawyer for immigration, it might be to assist with the selection of the right Visa to send an employee to the United States (U.S.) as an executive or manager to establish a new office. You will need to follow specific procedures as a foreign national to open your U.S. office, which requires careful planning.
The two main options available to you are an “L-1” Visa and an “E” Visa for a foreign national desiring to open a U.S. subsidiary.
L-1 Visa Basics For Foreign Company Owners
The L-1 Visa is appropriate if you’re a foreign business and would like to open a new office in the U.S. that is a related entity in one of a few different ways. For example, suppose the new office will be a parent, affiliate, branch, or subsidiary of an already-in-existence foreign company. In that case, you can use the L-1 Visa process to open your new U.S. office. There are two subcategories of the L-1 Visa to consider:
The L-1A Visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the U.S.
The L-1B Visa is for intracompany transferees who work in positions requiring specialized knowledge.
Also, in establishing this new U.S. office, you must show:
You have a physical location for the new office;
The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and
The new office will support an executive or managerial position within one year of the approval of the petition.
E-1 Visa Basics For Foreign Company Owners
There are three subcategories of the E Visa. The E-1 classification is one of them to consider. To qualify, you must:
Be a national of a country the U.S. maintains a treaty of commerce and navigation with;
Carry on substantial trade; and
Carry on principal trade between the U.S. and the treaty country, which qualified you for E-1 classification.
E-2 Visa Basics For Foreign Company Owners
The E-2 subcategory of the E Visa is another option. To qualify, you must:
Be a national of a country the U.S. maintains a treaty of commerce and navigation with;
Have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.; and
Be seeking to enter the U.S. solely to develop and direct the investment enterprise.
Evidence Requirements For E-1 Or E-2 Visa
There is also a lot of evidence required if you need to submit an E-1 or an E-2 Visa. This is because you have to provide proof about the substantial nature of the trade relationship between the treaty country and the U.S. One of the most important things to note is that you want to ensure your application is fully and properly drafted the first time around because there is no appeal process in place in the U.S. if your E-1 or E-2 Visa is denied. While you can resubmit that application with new evidence, this can add to further delays and could impact your timeline for opening your U.S. office as a result.
Hiring The Right Immigration Lawyer: Lozano Law Firm
A lawyer for immigration can also help you with your first-time application. Alfredo Lozano, a board-certified immigration attorney in good standing licensed to practice U.S. immigration law, can help you navigate confusing paperwork with expertise, dedication, and an individual approach. For legal advice on your L-1 or E Visa case from one of The Lozano Law Firm PLLC’s immigration attorneys in Texas, call us.
Lozano Law Firm
5718 University Heights Blvd #104,
San Antonio, TX 78249
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