Is it possible to start a start-up in the U.S. and apply for L-1?

This path is worth considering, but it depends on the corporate structure. The L-1 visa was designed to transfer executives, managers, or employees with specialized knowledge from an overseas company to a branch, subsidiary, or affiliate in the United States. In other words, the visa presupposes a qualifying relationship between a foreign entity and the U.S. entity.

In the context of a start-up, that relationship is precisely the central issue. To petition for the L-1, you generally need to maintain an actively operating company abroad with a demonstrable hierarchical or ownership connection to the new U.S. business. Building a start-up from scratch directly in the country, without that foreign base, tends to make qualification more difficult.

The applicant is also typically required to have worked for the foreign company for a qualifying period beforehand, in an executive, managerial, or specialized knowledge capacity. Since this minimum period is a criterion that may vary, confirm the details with the official source.

• A qualified and actively operating foreign company must exist.
• The U.S. entity must have an ownership or hierarchical relationship with it.
• The position must be executive, managerial, or involve specialized knowledge.

Because this involves corporate structuring and supporting documentation, it is worth consulting a specialist and verifying the current requirements on the USCIS website before setting up the operation.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.