Can I apply for an L-1 visa if the foreign company has been operating for less than 1 year?

The L-1 visa is a tool designed to facilitate the transfer of executives, managers, or professionals with specialized knowledge between related companies, from a foreign branch to a unit in the United States. This visa category has specific requirements for both the foreign company and the company operating on US soil.

As a general rule, for the L-1 visa application to be considered, the foreign company must have a qualified relationship (such as parent, subsidiary, affiliate, or branch) with the US entity and, in addition, must have been operating continuously for at least 1 year before the start of the application process. This one-year operation requirement serves to demonstrate the viability and stability of the foreign operation, reinforcing that the business activity is genuine and sustainable.

If the foreign company has been operating for less than one year, this can present a significant obstacle to the approval of the L-1 petition since proving an operational history is one of the crucial elements evaluated by immigration authorities. In some cases related to ”new offices” or expanding operations, there may be differentiated analysis, but generally, the expectation is that the foreign company presents evidence of continuous and well-structured operation for this minimum period of 1 year.

It is essential to strictly follow the United States immigration rules and regulations, avoiding quick fixes or unfounded promises of results that often circulate in questionable marketing campaigns. Each case is unique, and the details of how the company operates, as well as the documentation that proves its business activity, are essential for the correct evaluation of the application.

If you face this situation, the ideal is to seek specialized guidance that can analyze the full context of your business and offer a realistic view of the available alternatives, always respecting current legislation and the criteria established by the United States Department of Immigration.

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.