The information provided here on US L-1 visas is for reference only – it is intended to give you an idea of the possible options for business immigration to the United States. In each individual case, it will have to be your immigration lawyer who will decide on the specific approach to your immigration. The immigration lawyer will be the principal player in determining the best options for your immigration.

An L-1 visa will allow you to stay in the US for 7 years, provided that it is revalidated on time. L-1 visas may be revalidated while you are in the US, and we provide assistance with that as well as with obtaining the visa in the first place. We will develop a strategy for obtaining an L-1 visa based on your individual capabilities.

On the whole, an L-1 visa is designed to make it legal for top managers and key employees of Russian (and other) companies with subsidiaries or parent companies in the US to stay in the US. A company’s affiliation is proven by the identical names of owners or employers in the US and the other country (Russia, Ukraine, etc.) The reason that is usually given for the temporary transfer of an employee to the American company is the need for the latter to be formed and developed.

An L-1 visa candidate must be employed by the parent company in an executive or management position, or as a professional expert. Moreover, the candidate must have been admitted to the United States under one of these categories and have worked for the parent company for at least one year before he can apply for an L-1 visa.

An approved L-1 visa may allow the candidate to stay in the US temporarily for up to 7 years. The initial immigration procedures usually allow the candidate to stay in the US for up to one year for newly created American subsidiaries or 1-3 years for American companies that have been in existence for more than one year.

If an American company has been in existence for at least one year, an application for permanent residency may be filed. The most important feature of such application for permanent residency or a “Green Card” is that there is no need to obtain a Labor Certificate at the Department of Labor (it is a complicated and time-consuming procedure). Under the law, the relationship between the companies is determined as follows below. The American company must be related to the Russian company in one of the following ways:

• Be its parent;
• Be its subsidiary;
• Be its local office;
• Be a joint venture, an “affiliate”, which means, under US law, the existence of a relationship where both the American and the Russian companies are majority-owned (more than 50%) by a third company or the same person or a group of persons.

The company may be incorporated in any state within the USA and will be able to operate in any other state pursuant to a permission to carry on business activities.

L-1 visa application procedure requires not only that an American corporation be formed, but also that office space be actually leased. Both facts must be documented and the proof must be included with the application materials submitted to the US Immigration Service. Ultimately, in order to prove that an American company has started its operations and has the funds to carry on its business, it is necessary to open a bank account under this company’s name and deposit $25,000-50,000 in it. A bank statement showing this amount in the bank account will prove that the American company is a serious and reputable enterprise, and will make obtaining an L-1 visa much easier.

If you personally (or another company where you work) are establishing a new business or buying an existing one, you are entitled to L-1 status. This is the best way for foreign companies to access the American market, set up an office for trading and other operations or expand their activities in the USA.

In addition, you will also be entitled to apply for a special Green Card for owners, executives and managers of international companies (companies with branches in different countries). This is one of the simplest and quickest ways to become a permanent resident of the US. Such applicants are in the first-priority immigration category, which is a guarantee of a relatively short time required to apply for a Green Card. Why are owners and key employees placed in the first immigration category? Because this is the category of immigrants that have the ability to increase the tax base. The United States are very much interested in such people. These are new companies, new jobs, new sources of revenue for the government. It is private companies that employ 90% of the population and contribute 80% of the budget in the US.

The following three conditions must be complied with in order to be granted L-1 status: a connection must exist between an American company and a foreign company; a position with the company outside the US; a future position in the company within the US.

The rules that must be observed will be reviewed further down. Please remember that you will have to deal with complicated legal procedures. You will also need convincing proof that the above conditions have been met. As a rule, we provide experienced lawyers to prepare and file an application, who can offer compelling legal proof that all conditions are being complied with and that you are entitled to L-1 status. When we take care of your business, we always keep in mind your interest in getting an L-1 visa, and try to comply as much as possible with the requirements set by the INS so that you could change your status from L-1 to permanent residency (Green Card). Let us review these conditions in detail.

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