25.06.2023

BUSINESS VISAS FOR EXECUTIVES AND MANAGERS: COMPARISON OF L-1 AND EB-1C

A business visa to the USA is an excellent option for executives and top managers who are ready to move to America and take over the management of a branch or affiliated company. There are two options available to foreigners: L-1 and EB-1c, which entitle them to temporary or permanent residence in the country, respectively. In this article we will compare the requirements for obtaining a business visa to the USA, tell you about their advantages and pitfalls.

Benefits of L-1 Visa

Every day more and more entrepreneurs are thinking about how to get a business visa to the USA. The easiest solution is to apply for a non-immigrant L-1 visa, which has the following advantages:

  • fast consideration of the petition (on average 4-6 months, on an expedited application from 15 days);
  • minimum investment amount (about $200,000);
  • possibility to obtain visas for the whole family (including minor children under 21);
  • possibility to switch to EB-1c (if the U.S. company reaches the established indicators).

Benefits of EB-1c Visa

As for the benefits of EB-1c, there are several reasons to get this type of business visa to America:

  • processing a green card for all family members;
  • purchase of an already operating business;
  • lower amount of required investments (compared to EB-5 program).

Who can get a business visa to the USA?

Please note that a business visa can be obtained by a founder or an employee who intends to work in a U.S. company and has at least one year of experience in this position (for the last 3 years) in a foreign company that sends him to the United States.

What visa to choose?

L-1 EB-1c
Visa type Non-immigrant* Immigration
Visa period

Issued:

  • for a period of 1 year if a new company is opened - renewable 3 times for 2 years**
  • for a period of 3 years with the purchase of an existing business (1 year, 6 employees) - renewable 2 times for 2 years
Green card and the possibility to apply for citizenship after 5 years
Staff of the foreign company Minimum 8 employees Minimum of 8 employees (having 10 employees increases the chances of petition approval)
Term of existence of the foreign company During the validity of the visa Until the foreign national receives a green card
The US company's staff 5-7 employees in the first year when setting up a new business under a 2-3 level management system At least 10 employees with 2-3 level management system
Investing in a company in the US Prescribed in the business plan and recommended from $200,000 or more Investment refers to the amount spent to purchase the company (about $500,000)***
The financial condition of the US company No requirements It is recommended that the net annual income exceed $70,000
Term of existence of the US company Operating or new business A business that has been in operation for at least 1 year (i.e. you cannot register a new company)

* The L-1 nonimmigrant business visa to America entitles you to upgrade to the EB-1c category and subsequently obtain a green card if several conditions are met:

  • having 10 or more employees on staff;
  • a minimum of 1 year of active company operations;
  • net annual revenues in excess of $70,000.
** In order for a foreign national to be eligible to extend the L-1 visa, the company under his leadership by the end of the first year must create at least 5-7 jobs and provide evidence of its active operations in the U.S. (preferably a positive trend in profits). *** An alternative option is to buy a controlling stake in an American company (51%). In this way, the foreigner pays only half of the cost of the business, but receives the right to participate in its activities. *This article is intended for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for advice from qualified legal counsel familiar with your specific circumstances. No attorney-client relationship is created by the provision of this information.*