Have you thought about applying for an L1 visa?  Here's the information you need.  As a matter of fact, you will find six tips in this article that will help you apply for your L1 visa. 

The L1 Visa: a Brief Overview

Companies outside the United States may transfer certain employees to closely related companies within the United States on the L1 visa, which is a special non-immigrant visa.  Thus, this visa allows foreign companies to transfer managers or executives to U.S. companies with qualifying relationships to the foreign company.  Branch offices, affiliates, or parent-subsidiary relationships are examples of qualified relationships between companies. 

Now, let’s talk about those six helpful tips.

1. Foreign Entity Must-Have Gross Revenue of $500k

A foreign company applying for an L1 visa must have at least $500K gross revenue in the most recent year to be considered for approval.  It is important to note that this requirement is not statutory.  It's not necessary for the foreign company to have $500,000 in revenue to qualify for an L1 visa if you look at the requirements. When revenue is too low, however, we have seen that USCIS can raise a variety of issues with the foreign entity at our law firm and in our experience handling L1 visa matters.  It may be examined by USCIS whether the prospective L1 visa beneficiary truly performs the role of a manager or executive when revenue is low.  In addition, they can raise questions about the legitimacy and operations of the company.  USCIS will likely review the L1 application more closely if the company has under $500,000 in gross revenue than if it has over $500,000. 

2. Must Have at least Ten full-time Employees

At least ten full-time employees should be available at the foreign company.  A minimum number of employees is not required by statute, just as it is not required for gross revenue.  Our firm has handled a considerable number of L1 visa applications and we have found that USCIS can raise a lot of issues relating to the role of the prospective visa beneficiary in the company when the number of employees is low.  The beneficiary must also prove that they worked for the foreign employer as a manager, executive, or a skilled knowledge worker.  The beneficiary is unlikely to have worked in a managerial, executive, or specialist role at a company with few employees abroad.

3. It is Important for a US Company to have Adequate Space to Operate

An American company may apply for an L1 visa only if it has the necessary physical facilities to conduct business.  For a U.S. company to engage in business from this location, either a lease must be in place or ownership of some property must be possessed. 

Having sufficient office space in year five of the business plan is crucial since all employees should be able to work there. Business plans that show projected financials and staffing through year five are required for certain types of L1 visa applications.  The space should ideally be adequate to house all projected employees through year five to satisfy this requirement.

In particular, USCIS will point to the business plan and ask how 20 projected employees could work in a space sized only 100 square feet which are too small for the U.S. company. I recommend you contact Wise Business Plans for the L1 visa business plan if you are interested in this opportunity and want a perfect business plan.

4. A U.S. Firm Should have Adequate Infrastructure

If an L1 visa application is accepted, the U.S. corporation should either be in operation or in a position to be in operation. Thus, as soon as the L1 visa beneficiary comes to the United States, the company needs to have everything set up so that it is ready to operate.

5. the U.S. Needs Revenue from a Foreign Company to Stay Afloat

U.S. Citizenship and Immigration Services (USCIS) will also check to see if the foreign firm has revenue or infrastructure in place to demonstrate that it can support a startup U.S. entity.  In order to clarify, the L1 visa also has a new offices option (which is a brand-new U.S. company). In establishing the startup phase, you must demonstrate that the foreign entity possesses revenues or otherwise is in a position to assist the US entity.

6. Organization Chart (Specific to L1-A Managers)

As the intended L1 visa beneficiary, your L1 application should provide an organizational chart to show your role within the foreign entity, as well as your role within the U.S. entity.  An organizational chart should show that you have subordinates and that those subordinates possess a bachelor's degree, which is a requirement for performing the functions of their position.

You will further strengthen your application if you provide USCIS with two levels of employees below you in an organizational chart.  A one-tier organization is weaker than two. Your subordinates should also have skilled subordinates, and vice versa. This gives you more credibility as an executive or a manager.