How to create your business in U.S. to qualify for L1 visa

The L1 visa is a powerful tool for multinational companies to transfer executives, managers, or employees with specialized knowledge to a U.S. branch or affiliate. For many business owners and entrepreneurs abroad, establishing a business in the United States can open the door to not only business expansion but also long-term immigration benefits such as permanent residency.

If you're looking to launch a business in the U.S. and leverage it to secure an L1 visa, this article provides a comprehensive guide covering the purpose, eligibility, process, and the role of experienced firms like Accura Immigration Firm in helping you succeed.

The L1 visa allows foreign businesses to send executives or specialized employees to a U.S. office, including newly established branches. To qualify, the applicant must have worked abroad for at least one year, and the U.S. business must share a qualifying relationship with the foreign entity. This article details the complete process — from setting up your U.S. company to preparing USCIS petitions and interviews. Accura Immigration Firm plays a vital role by offering legal guidance, business plan support, and compliance services, ensuring your transition to the U.S. is legally sound and aligned with long-term immigration goals.

Purpose of the L1 Visa

The L1 visa is designed to facilitate the transfer of professionals within multinational companies. Its key purpose is to allow companies outside the U.S. to send employees to a U.S.-based office, either existing or newly established.

There are two main categories:

• L1A Visa: For executives and managers.

• L1B Visa: For employees with specialized knowledge.

This visa benefits both large corporations and growing startups aiming to expand into the American market.

Who Is Eligible?

To qualify for an L1 visa, the following eligibility criteria must be met:

For the Employee:

• Must have worked for the foreign business for at least 1 continuous year in the last 3 years.

• Must be coming to the U.S. to work in a managerial, executive, or specialized knowledge role.

For the Company:

• The foreign business and the U.S. entity must have a qualifying relationship — parent, branch, affiliate, or subsidiary.

• The U.S. office must be active or about to be established with a clear business plan and physical premises.

Step-by-Step Guide to Creating a U.S. Business for the L1 Visa

1. Conduct Market Research

Before registering your business, conduct thorough research on:

• Industry demand

• Legal requirements

• Target market

• Competitive landscape

States like Delaware, Texas, Florida, and California are common destinations for new businesses due to tax benefits or industry hubs.

2. Choose the Business Structure

The most common structures for foreign entrepreneurs are:

• LLC (Limited Liability Company)

• Corporation (C-Corp or S-Corp)

For L1 visa purposes, forming a corporation is often preferred for compliance, taxation, and credibility.

3. Register Your Business

• Choose a unique business name

• Register with the Secretary of State

• Obtain an EIN (Employer Identification Number) from the IRS

• Open a U.S. bank account

• Sign a lease for a physical office

4. Prepare a Comprehensive Business Plan

USCIS requires a strong business plan for new office L1 petitions, covering:

• Market analysis

• Organizational chart

• Hiring plan

• Financial projections (1–3 years)

• Description of parent-subsidiary relationship

• Justification for managerial/executive position

5. Establish the Qualifying Relationship

The U.S. business must maintain a direct corporate relationship with the foreign company, such as:

• Parent

• Branch

• Subsidiary

• Affiliate

Shareholding and control documents will be required.

L1 Visa Application Process

1. File the L1 Petition

The U.S. employer must file Form I-129 with the L supplement to the USCIS along with:

• Proof of qualifying relationship

• Employment contracts

• Company registration documents

• Office lease and photos

• Organizational structure

• Tax and payroll records (for existing offices)

2. Visa Interview at the U.S. Consulate

Once approved by USCIS, the employee attends an interview at the U.S. consulate or embassy with:

• Approval notice (I-797)

• Employment letter

• Original documents

• Passport and photos

3. Enter and Launch Operations

Upon visa issuance, the employee enters the U.S. and helps launch or manage the new business. The initial L1 visa for new offices is valid for 1 year and can be extended based on business progress.

How Accura Immigration Firm Helps You

Accura Immigration Firm is a full-service immigration law firm specializing in business immigration, employment visas, and family-based petitions. With years of experience helping international entrepreneurs navigate U.S. immigration, the firm offers:

• Entity formation support

• Customized business plan drafting

• L1 petition preparation and filing

• Interview preparation

• Compliance advisory

By working with Accura Immigration Firm, you minimize risks of denial and maximize the chances of successful entry and long-term immigration planning.

Mistakes to Avoid

• Creating a shell company without operations

• Not maintaining control and ownership of the U.S. business

• Submitting weak or generic business plans

• Failing to meet the 1-year employment requirement

• Trying to use third-party or unrelated U.S. businesses

Benefits of the L1 Visa Path

• No minimum investment requirement (unlike E2 or EB5)

• Option to bring family members on L2 visa

• L2 spouses can apply for work authorization

• Pathway to Green Card through EB-1C category

• No need for Labor Certification (PERM)

Can You Transition to a Green Card?

Yes. L1A visa holders can transition to permanent residency (Green Card) through the EB-1C category for multinational executives or managers, usually without labor certification. This is one of the fastest paths to a Green Card for business professionals.

Timeline for the L1 Visa

• Business formation: 2–4 weeks

• Document preparation: 2–3 weeks

• USCIS processing: 1–4 months (Premium Processing: 15 days)

• Consular interview: 1–2 weeks after approval

Conclusion

Creating a business in the U.S. to qualify for the L1 visa is an ambitious but achievable path for international entrepreneurs and executives. By following the correct steps — from business setup to petition filing — and leveraging the guidance of a professional immigration law firm like Accura Immigration Firm, you can ensure a smoother and more successful immigration journey.