Can a sole proprietorship abroad open an LLC in the U.S. and apply for an L-1?

Yes. A sole proprietorship abroad can open an LLC in the United States and, in principle, serve as the basis for an L-1 petition, but the visa does not depend solely on having a U.S. company: it requires a qualifying corporate relationship between the foreign entity and the American one, such as parent and branch, subsidiary, or affiliate.

The L-1 was designed to transfer executives, managers, or professionals with specialized knowledge between related companies. The central point of the analysis is therefore proving the corporate ties and control between the two companies, something that sole proprietorship structures do not always demonstrate clearly, especially when there is no clear separation between the individual and the business.

• Opening the LLC is only the first step; on its own, it does not guarantee the L-1.
• The corporate relationship between the foreign company and the U.S. company must be documented.
• The applicant must fulfill the qualifying period of employment at the foreign company.
• The new U.S. entity must have a real and credible operational structure.

Since each case depends on the legal form adopted in the country of origin and how control is exercised, it is worth checking the updated requirements with USCIS and evaluating the structure with an immigration and international business specialist before filing.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.