How to Choose Between L1 or E Visa to Set Up a New Business in the U.S
Assess your qualifications for an L-1 visa., Understand the benefits of an L-1 visa., Consider hiring a lawyer., Have your employer file a Petition for a Nonimmigrant Worker on your behalf., Complete your visa application online., Prepare for your...
Step-by-Step Guide
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Step 1: Assess your qualifications for an L-1 visa.
You generally qualify for an L-1 visa if you've been employed outside the U.S. by your sponsoring company for at least one year out of the past three, and are being transferred to the U.S. to work in a management or executive position.Your employer must transfer you to a U.S. company that is related to the non-U.S. company where you already work.
Qualifying relationships include parent, subsidiary, affiliates, and joint ventures.For example, if you are the manager of an auto manufacturing plant in Japan, and the company has opened a manufacturing plant in North Carolina, you possibly could obtain an L-1 visa to move to the United States and manage that plant.
If you're more of an entrepreneur who's thinking of starting your own business in the U.S., an E-2 visa might be better for you – even if the business would be connected to a business you already own in your home country – mainly because you can stay in the U.S. longer with an E-2.
Even if you think you qualify as a manager or executive for purposes of an L-1 visa, you should keep in mind that the job requirements and responsibilities for immigration law purposes are much narrower than the general understanding of those jobs may be.The original company must continue operations for the entire duration of your visa. -
Step 2: Understand the benefits of an L-1 visa.
An L-1 visa may have advantages over an E-2 for you personally, even if you are equally qualified to apply for either.
You can work in the U.S. for three years on your initial visa.
After that first period, your visa can be renewed for two years at a time, although you are limited to a maximum stay of seven years as a manager or executive.Your spouse and children can accompany you to the U.S. with L-2 visas.However, your spouse will not be eligible for a work permit.
If it's important that your spouse work while your family is in the U.S., an E-2 may be a better option for you, assuming you meet the other qualifications.An L-1 visa is considered a dual intent visa, which means you can apply for a green card while in the U.S. on an L-1 visa without raising any suspicions.This is not the case with an E-2 visa, so if you plan to apply for a green card, the L-1 is your better choice, all other things being equal., If you think you qualify for an L-1 visa, an immigration lawyer can help you make sure your application is completed correctly the first time and you don't have any delays.
If you work for a large company, your employer may have lawyers on staff who can assist you with your immigration needs., Before you can apply for a visa, your employer must file Form I-129 and have it approved by the USCIS.The form, along with instructions for filling it out and filing it, can be found online at http://www.uscis.gov/i-129.
If your petition is approved, USCIS sends a Notice of Action to your employer., After the USCIS has approved your petition, you are free to fill out Form DS-160, the Online Nonimmigrant Visa Application.
As part of your online application, you must upload a digital image of yourself that meets the specifications of the Department of State.Generally, your photo must be a square, color image in the JPEG file format.
The Department of State has a free photo tool you can use to clean up a digital photo you already have on your computer.
However, whether to accept your photo is within the discretion of the embassy or consulate where you apply for your visa.After you've completed your application online, you must print the confirmation page to bring to your visa interview. , If you are between the ages of 14 and 79, an interview is required before your visa application can be approved.
Generally, you should schedule your interview at a U.S. embassy or consulate in the country where you live.You must pay an application fee of $190 before your interview.
You will be expected to show a receipt for this payment when you arrive at your interview.Gather other documents you'll be asked to show at your interview, such as your photo, the receipt number for your approved petition, a valid passport, and any other documents specifically requested by the embassy or consulate where your interview is being held., During your interview, a consular officer determines whether you qualify to receive a visa under U.S. law.
Digital fingerprints will be taken during your interview.
After your interview, the consular officer generally will let you know whether your visa has been approved or whether it requires further processing.
If your visa has been approved, the consular officer probably will be able to tell you roughly when you can expect it to be ready, or you can check the wait time for that particular embassy or consulate online at http://travel.state.gov/content/visas/english/general/wait-times.html/.
You must pay an issuance fee when your visa is approved that will vary based on your nationality. -
Step 3: Consider hiring a lawyer.
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Step 4: Have your employer file a Petition for a Nonimmigrant Worker on your behalf.
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Step 5: Complete your visa application online.
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Step 6: Prepare for your visa interview.
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Step 7: Attend your visa interview.
Detailed Guide
You generally qualify for an L-1 visa if you've been employed outside the U.S. by your sponsoring company for at least one year out of the past three, and are being transferred to the U.S. to work in a management or executive position.Your employer must transfer you to a U.S. company that is related to the non-U.S. company where you already work.
Qualifying relationships include parent, subsidiary, affiliates, and joint ventures.For example, if you are the manager of an auto manufacturing plant in Japan, and the company has opened a manufacturing plant in North Carolina, you possibly could obtain an L-1 visa to move to the United States and manage that plant.
If you're more of an entrepreneur who's thinking of starting your own business in the U.S., an E-2 visa might be better for you – even if the business would be connected to a business you already own in your home country – mainly because you can stay in the U.S. longer with an E-2.
Even if you think you qualify as a manager or executive for purposes of an L-1 visa, you should keep in mind that the job requirements and responsibilities for immigration law purposes are much narrower than the general understanding of those jobs may be.The original company must continue operations for the entire duration of your visa.
An L-1 visa may have advantages over an E-2 for you personally, even if you are equally qualified to apply for either.
You can work in the U.S. for three years on your initial visa.
After that first period, your visa can be renewed for two years at a time, although you are limited to a maximum stay of seven years as a manager or executive.Your spouse and children can accompany you to the U.S. with L-2 visas.However, your spouse will not be eligible for a work permit.
If it's important that your spouse work while your family is in the U.S., an E-2 may be a better option for you, assuming you meet the other qualifications.An L-1 visa is considered a dual intent visa, which means you can apply for a green card while in the U.S. on an L-1 visa without raising any suspicions.This is not the case with an E-2 visa, so if you plan to apply for a green card, the L-1 is your better choice, all other things being equal., If you think you qualify for an L-1 visa, an immigration lawyer can help you make sure your application is completed correctly the first time and you don't have any delays.
If you work for a large company, your employer may have lawyers on staff who can assist you with your immigration needs., Before you can apply for a visa, your employer must file Form I-129 and have it approved by the USCIS.The form, along with instructions for filling it out and filing it, can be found online at http://www.uscis.gov/i-129.
If your petition is approved, USCIS sends a Notice of Action to your employer., After the USCIS has approved your petition, you are free to fill out Form DS-160, the Online Nonimmigrant Visa Application.
As part of your online application, you must upload a digital image of yourself that meets the specifications of the Department of State.Generally, your photo must be a square, color image in the JPEG file format.
The Department of State has a free photo tool you can use to clean up a digital photo you already have on your computer.
However, whether to accept your photo is within the discretion of the embassy or consulate where you apply for your visa.After you've completed your application online, you must print the confirmation page to bring to your visa interview. , If you are between the ages of 14 and 79, an interview is required before your visa application can be approved.
Generally, you should schedule your interview at a U.S. embassy or consulate in the country where you live.You must pay an application fee of $190 before your interview.
You will be expected to show a receipt for this payment when you arrive at your interview.Gather other documents you'll be asked to show at your interview, such as your photo, the receipt number for your approved petition, a valid passport, and any other documents specifically requested by the embassy or consulate where your interview is being held., During your interview, a consular officer determines whether you qualify to receive a visa under U.S. law.
Digital fingerprints will be taken during your interview.
After your interview, the consular officer generally will let you know whether your visa has been approved or whether it requires further processing.
If your visa has been approved, the consular officer probably will be able to tell you roughly when you can expect it to be ready, or you can check the wait time for that particular embassy or consulate online at http://travel.state.gov/content/visas/english/general/wait-times.html/.
You must pay an issuance fee when your visa is approved that will vary based on your nationality.
About the Author
Mark Williams
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