Can I have an L-1 visa if I am the founder of the company and also an employee?

The L-1 visa is a tool used by companies that wish to transfer key employees between their foreign units and the United States. In general terms, it is intended for executives, managers, or specialized knowledge workers who have worked outside the U.S. for at least one year in the last three years. The goal is to facilitate the mobility of essential professionals for the company’s international operation.

Regarding the situation of being both founder and employee, it is important to highlight that, in principle, it is possible to apply for the L-1 visa even if you are the founder of the company, provided that the relationship between the foreign company and the U.S. unit is well structured and maintained. That is, even if you hold ownership interest in the company, it will be necessary to demonstrate that you worked in an executive or managerial position (or in a role requiring specialized knowledge, as applicable) at the headquarters or a foreign branch for at least one year before the transfer to the United States.

The key here is to prove a genuine employment relationship and the necessity of the know-how or leadership that justifies the transfer to maintain the company”s standards and growth in the new market. Additionally, it is fundamental that the company meets all legal requirements, both in the country of origin and in the United States, demonstrating the existence of a qualified corporate relationship. This helps avoid questions about the legitimacy of the employment relationship and reduces risks of interpretations that could harm the visa application.

Finally, it is important to emphasize the necessity of consulting reliable sources and immigration specialists, as the process involves detailed analyses and strict observance of U.S. immigration laws. Be cautious of solutions promising miraculous results, as the procedure requires planning and compliance with regulations. Seeking correct information and support from qualified professionals are valuable steps to avoid unforeseen issues and fraud during the visa application process.

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.