If the foreign company is a young startup, can I still apply for L-1?

The L-1 visa was created to facilitate the transfer of executives, managers, and employees with specialized knowledge from companies with operations abroad to their offices or affiliates in the United States. This category can be an option for companies that have a qualified relationship between the foreign company and the American branch or subsidiary, regardless of size.

In the case of a young startup, the main point of analysis is whether it can prove that it has been conducting business continuously and operating according to the criteria required to be considered an active entity. Furthermore, for the transfer to be possible, the employee must have worked continuously for at least one year at the foreign entity before being transferred.

Therefore, recent startups may face challenges in demonstrating this minimum period of activity, as well as the qualified relationship between the foreign company and the U.S. operation. It is important to highlight that the L-1 visa analysis is quite complex and detailed, requiring documentation that proves both the relationship between the companies and the startup’s activity history.

Each case is unique, and factors such as corporate structure, mode of operation, and financial history may influence the outcome of the analysis. Thus, it is essential to comply with United States immigration laws and seek specialized guidance to ensure that requirements are being met.

I also recommend caution with information coming from sources that promise quick or guaranteed results, especially in marketing campaigns. Immigration law is strict, and the proper guidance from specialized professionals can make all the difference in avoiding future problems and ensuring that the process is carried out properly and in accordance with current regulations.

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.