Yes, being the founder of the company does not, by itself, prevent an L-1 petition. It is possible to petition even when you hold an ownership stake, as long as the corporate structure between the foreign entity and the U.S. unit is clearly defined and a genuine employment relationship exists.
The key issue is separating the role of owner from the role of employee. For the L-1, what matters is demonstrating that you performed an executive, managerial, or specialized knowledge function within the organization abroad, and that this work justifies the intracompany transfer.
- A real employment relationship with the foreign entity, beyond founder status.
- A qualifying corporate relationship between the foreign and U.S. units.
- An executive, managerial, or specialized knowledge role that supports the transfer.
Structures in which the founder is the only person involved tend to receive closer scrutiny, so documentation must clearly establish the legitimacy of the employment relationship. Since each arrangement is evaluated on a case-by-case basis, it is worth reviewing the current requirements with USCIS and structuring the operation with a qualified specialist.
Learn more about L-1
- Type
- Intracompany transfer
- Duration
- 1-3 years
- Extension
- Up to 5-7 years
- Processing
- 2-5 months
About the author
Victoria Harper
Editor-in-Chief
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.