Can a US company without employees still apply for an L-1 visa?

When it comes to the L-1 visa, it is essential to understand that it was created to facilitate the transfer of executives and managers between related companies – typically between a parent company, subsidiary, affiliate, or branch – establishing that there is a legitimate connection between the operations abroad and in the United States.

In the case of a US company without employees, the situation requires special attention. Generally, one of the requirements of the L-1 visa is that the entity in the US demonstrates it is “doing business” continuously and regularly, that is, there must be a concrete and substantial commercial operation.

Although startups or newly established companies may qualify for this visa, they need to prove they are actively involved in commercial activities, even if initially the team is small or, as in the presented hypothesis, they do not have formal employees.

If the US company has no employees, it will be important to demonstrate other elements that prove its operational activity – for example, the existence of contracts, partnerships, a physical office, a robust business plan, and evidence that services or products are being offered on the market. This helps to show that the company is truly conducting business activities and is not just a “shell” entity created solely to facilitate the transfer of an executive from a foreign company seeking the L-1 visa.

It is worth noting that US immigration rules require consistent and detailed documentation for the approval of the L-1 visa, regardless of the size of the team or the initial structure of the company.

Therefore, it is highly recommended to seek qualified guidance from professionals specialized in immigration so that the entire process is conducted in compliance with the current laws and regulations. This caution helps to avoid pitfalls, scams, and marketing campaigns that promise miraculous results without proper legal security.

In summary, a US company without employees can indeed apply for the L-1 visa, provided it can clearly and solidly demonstrate that it is engaged in real and continuous business activities. Each case will have its particularities, and the success of the process will depend on the company’s ability to meet all the criteria required by US immigration law.

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.