Can a U.S. company with no employees still petition for L-1?

Yes. A U.S. company with no employees can still petition for L-1, as long as it can demonstrate that it is in fact operating a real, concrete, and ongoing business. Team size alone does not determine the outcome of the petition.

One of the central requirements of the L-1 is that the U.S. entity be ‘doing business’ on a regular basis, meaning it must maintain substantial commercial activity and not merely exist on paper. New companies and early-stage structures may qualify, but they need to support that reality with evidence.

When there are no formal employees, other elements that demonstrate actual operations become more important:

• Active contracts, clients, or business partnerships.
• A physical space or infrastructure consistent with the stated activity.
• A solid business plan and evidence of products or services offered to the market.

The goal is to dispel the impression of a shell company created solely to transfer an executive. Since the analysis is case-by-case and document-driven, it is worth reviewing the latest USCIS guidance and organizing the documentation with the support of an immigration professional.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.