frequent questions

answers to questions
our clients

Can forming a U.S. company help me get a visa?

Yes, in some cases. Certain U.S. visas are designed for entrepreneurs and investors. For example:

  • E-2 Investor Visa – Available to citizens of treaty countries; requires a substantial U.S. investment.

  • L-1 Visa – For business owners expanding an existing foreign company into the U.S.

  • EB-5 Visa – A path to a Green Card through significant U.S. investment.

Our attorneys can help assess which business visa is right for you and guide you through the application process.

Do I need to hold an L-1 visa before applying for EB-1C?

No. There is no legal requirement to hold L-1A status before applying for an EB-1C Multinational Executive or Manager Green Card.

To qualify for EB-1C, the applicant must meet the statutory requirements, including:

  • having worked outside the United States for at least one continuous year during the previous three years in a managerial or executive capacity for a qualifying organization;
  • being offered a permanent managerial or executive position by a qualifying U.S. employer;
  • having a qualifying relationship between the U.S. and foreign companies; and
  • the U.S. employer having conducted business for at least one year before filing the petition.

Many applicants first come to the United States on an L-1A visa and later transition to EB-1C because the eligibility criteria are similar. However, this is simply a common immigration strategy - not a legal prerequisite.

I am a businessman. There are a lot of media mentions about my company and its activities, will such publications be suitable?

No, such publications do not qualify for this category. All published material must relate to you personally or to your specific work in your professional field.

Is there a limit to how many times an E-1 visa can be renewed?

No. There is no statutory limit on the number of times an E-1 visa may be renewed or E-1 status may be extended, provided the applicant and the business continue to satisfy all E-1 eligibility requirements. This includes maintaining substantial qualifying trade and demonstrating an intention to depart the United States when E-1 status ultimately ends.

Although there is no maximum number of renewals, each renewal application is reviewed independently. Applicants must continue to show that the business remains engaged in qualifying treaty trade and that all other E-1 requirements are still met. The validity period of the visa itself depends on the reciprocity schedule for the applicant's treaty country, while each admission to the United States in E-1 status is generally granted for up to two years.

What are the main U.S. business visas?

The main types of business visas are the EB-5, E-2, E-1, L-1, and EB-1C visas. Each of these visas allows you to open and conduct business in the U.S., but each of these visas has different requirements.

What counts as qualifying "trade" for an E-1 visa?

For an E-1 Treaty Trader visa, qualifying trade is not limited to the import or export of physical goods. U.S. immigration law recognizes a broad range of international commercial activities, including goods, services, technology, banking, insurance, transportation, communications, and other internationally traded services. The key requirement is that the trade involves an actual exchange for consideration between the United States and the treaty country.

To qualify, the trade must also meet several additional requirements:

  • It must be substantial, meaning there is a continuous flow of numerous international transactions rather than a single large deal.
  • More than 50% of the total international trade conducted by the business must be between the United States and the treaty country.
  • The trading relationship must already exist - the E-1 visa cannot be used simply to establish future trade opportunities.
What is the difference between EB-1C and L-1?

Although L-1A and EB-1C have similar eligibility requirements, they serve different immigration purposes.

L-1A is a temporary nonimmigrant visa that allows a multinational company to transfer an executive or manager to a U.S. office. It generally permits a maximum stay of up to seven years.

EB-1C is an employment-based immigrant category that allows qualifying multinational executives and managers to obtain lawful permanent residence (Green Card). Unlike many employment-based Green Card categories, EB-1C does not require PERM labor certification.

Another important distinction is that:

  • L-1A may be used to establish a new office in the United States.
  • EB-1C cannot be used for a new office. The U.S. company must already have been actively doing business for at least one year before filing the immigrant petition.
What is the difference between L-1A and L-1B?

Both L-1A and L-1B are intracompany transfer visas that allow multinational companies to transfer employees from a foreign office to a related U.S. entity. To qualify for either category, the employee generally must have worked for the qualifying foreign company for at least one continuous year within the previous three years before the transfer.

The primary difference is the employee's role:

  • L-1A is designed for executives and managers who will oversee the company's operations, departments, or key personnel in the United States.
  • L-1B is intended for employees with specialized knowledge of the company's products, services, research, processes, technology, or proprietary systems. Unlike L-1A, the employee does not need to supervise staff or hold a management position.
Which visas allow you to bring your family with you?

All principal investment and business visas (EB-5, E-2, E-1, L-1, EB-1C visas) allow the inclusion of family (spouse and children under 21) in the same petition as the principal petitioner.