Can a sole proprietorship abroad open an LLC in the US and apply for an L-1 visa?

The L-1 visa is designed to facilitate the transfer of executives, managers, or specialized employees between related companies, such as headquarters, branches, or subsidiaries. The main idea is that the professional has already worked for at least one year in a qualified foreign company and now comes to provide services at the branch or subsidiary in the United States.

Therefore, for the L-1 benefit to apply, there must be a corporate structure that clearly establishes the relationship between the foreign entity and the new company in the US. In the case of a sole proprietorship abroad, it is indeed possible to open an LLC in the United States, but caution is required.

American immigration law demands that the foreign company and the new American entity maintain a formal corporate relationship, such as parent and branch, and that this relationship is well documented. Often, a sole proprietorship may face challenges in this regard since, depending on the legal form adopted in the country of origin, it may be difficult to demonstrate a robust corporate structure or separation between business and personal rights.

In situations where this relationship is not clearly defined-for example, if the sole proprietorship is not registered as a separate legal entity-the connection required by the L-1 may be questioned.

Furthermore, it is important to remember that the mere creation of an LLC in the US does not guarantee the right to the L-1 visa. The process requires a detailed analysis of the relationship between companies, as well as compliance with all immigration requirements, such as the applicant”s prior experience and the operational structure of the new entity.

Errors or inadequacies may harm the immigration process. Therefore, it is essential that interested parties consult immigration specialists and possibly experts in international business structuring. These professionals will be able to assess whether the sole proprietorship”s situation allows for the creation of a structure that strictly meets the L-1 demands.

Following immigration laws and avoiding solutions that promise quick and guaranteed results is fundamental to preventing complications and future losses.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.