Is it possible to create a start-up in the USA and apply for an L-1 visa?

The L-1 visa program was created to enable the transfer of executives, managers, or professionals with specialized knowledge from a foreign company to a branch, subsidiary, or affiliate in the United States. Thus, the idea of creating a start-up in the country and simultaneously applying for an L-1 visa involves a careful analysis of the business structure and the specific visa requirements.

In general, for the L-1 visa to be granted, it is necessary that there be a qualified relationship between the foreign company and the US operation. In the context of a start-up, this means that, to file the application, you would need to maintain an established company or significant operations outside the United States that has a proven hierarchical relationship with the new American entity.

Additionally, the applicant must have worked for the foreign company for at least one continuous year in an executive, managerial, or specialized knowledge position. This condition can present challenges, especially if the start-up is created from scratch in the US without a pre-established structure abroad.

In any case, it is essential that all conditions, documents, and evidence comply with United States immigration laws. We emphasize the importance of consulting specialized companies and qualified professionals in the immigration field to analyze your specific case. If legal requirements are not met, there is a risk of having the application denied or facing future complications.

It is also essential to be cautious and avoid marketing campaigns that promise miraculous or guaranteed solutions, as immigration legislation is quite strict and subject to constant updates.

In summary, although it is possible to consider creating a start-up in the US and applying for the L-1 visa, this depends on a well-defined organizational structure that meets the criteria required by the program. A detailed assessment of the situation based on current legislation is an essential step before making any decision.

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.