Can I open a foreign branch and apply for a reverse L-1?

When dealing with the L-1 visa, it is important to understand that it was created to facilitate the mobility of executives, managers, or professionals with specialized knowledge between companies that have a qualifying relationship, such as parent company, branch, subsidiary, or affiliate.

In the context known as the “reverse L-1″, the situation involves, for example, an entrepreneur who, having their company operating abroad, decides to open a branch in the United States with the intention of transferring an executive or manager who already has experience in the original parent or branch company to work in the new unit.

For this procedure to be feasible, it is necessary to meet strict criteria established by United States immigration law. Generally, there must be a qualifying relationship between the foreign company and the new operation in the U.S. In addition, the professional to be transferred must prove that they have worked for at least one year in the last three years in managerial, executive, or specialized roles in their foreign company.

In cases of a newly established branch, immigration officers also tend to evaluate whether the new U.S. office has the capacity to develop substantial business activities and the real need for the professional”s presence for its establishment and growth.

It is essential to carry out a detailed analysis of each case, as the process is evaluated individually and may require the submission of additional documents, such as business plans, financial proofs, and operational strategies.

Therefore, even though it is possible to apply for the L-1 visa in situations involving the opening of a foreign branch, fulfilling all legal and regulatory requirements is crucial for the application to be successful. Due to the complexity involved, it is always recommended to seek specialized guidance, avoiding reliance on solutions that promise immediate or guaranteed results, as such approaches do not always reflect the reality of U.S. immigration proceedings.

Remember that strictly following immigration laws and having the support of qualified professionals are fundamental measures for the safe and correct handling of any 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.