Can I apply for an L-1 if the foreign company is a young startup?

Yes, in principle. The L-1 does not require the sponsoring company to meet any minimum size threshold, so a young startup can sponsor a transfer. The visa was designed to move executives, managers, and specialized knowledge professionals between units of the same corporate group, regardless of business size.

The key concern is not the company’s age, but rather the ability to document certain essential elements. You must show that a qualifying relationship exists between the foreign entity and the U.S. operation (parent, branch, subsidiary, or affiliate) and that the business is genuinely active and operating. The employee, in turn, must have completed the qualifying period of employment with the foreign entity before the transfer.

This is precisely where a recent startup may face challenges: gathering the activity history and corporate documentation needed to support those points. L-1 adjudication tends to be detailed and examines corporate structure, manner of operation, and business history.

• There is no minimum size requirement for the foreign company.
• A qualifying relationship and active operations must be demonstrated.
• The employee must have completed the qualifying period abroad.

Because the exact requirements are evaluated on a case-by-case basis, it is worth confirming the current rules on the official USCIS website and preparing your documentation with a specialist before filing.

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.