L-1 and E-2 Visa Basics
Perhaps you want to expand your business into the US market, or maybe you already have and need to share labor between your companies located on different continents. Either way, you or your workers are going to need visas, and the L-1 or E-2 Nonimmigrant visas may be just what you’re looking for. Before we get into it, please note that as nonimmigrant visas, they do not directly lead to a green card, however, under limited conditions, it may be possible to change L-1A or E-2 to a green card using the EB-1C visa category (see our other posts regarding this complex process).
The L-1 Nonimmigrant Worker Visa allows for a company to send specialized, executive, or managerial staff to a US subsidiary, branch, or affiliate of a foreign company. As the employer, you can file a petition for your worker to stay in the United States for a limited period (for an L-1A Visa, there is a maximum of 7 years; a maximum of 5 for an L-1B).
E-2 is a nonimmigrant investor visa. You can apply for an E-2 Visa if you are looking to start up or invest in a US company, and unlike L-1, this visa category does not require for you to already have another business entity overseas. The first important requirement for an E-2 is that you must come from an E-2 treaty country (you may find a list of treaty countries at travel.state.gov). You must play an active role in running the company and intend to depart once your E-2 status concludes. (Unlike the L-1, the E-2 visa may be extended indefinitely, in 2-year increments).
Therefore, both L-1 and E-2 visas can be extremely useful entrepreneurial tools. They can also be difficult to navigate, so we strongly recommend speaking to an immigration attorney with expertise in these visas to avoid any potential issues.
PLEASE NOTE:
This content of our website are for educational purposes only and do not constitute legal advice or formation of attorney-client relationship.
Legal advice must be obtained for specific questions from your immigration lawyer after formal engagement (i.e. signed contract with your lawyer).