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L-1 Visa Frequently Asked Question:

Q: What percentage of the U.S. subsidiary company should the Foreign parent company own?

A: The Foreign parent company should own at least 51% of the U.S. subsidiary company.

Q: What is the difference between the L-1A Visa and the L-1B Visa?

A: The L-1A Visa is for Managers and Executives. A benefit of being on an L-1A visa is the ability to apply for a Green Card (Permanent Residence), without going through the process of Labor Certification, after only one year in L-1A status.

The L-1B Visa is for key employees (accountants, computer programmers, etc.). L-1B Visa holders may have their employers file for permanent residence through Labor Certification.

Q: I am the President of a company in India. Can I open a U.S. subsidiary of my foreign based company and apply for an L-1A visa for myself?

A: Yes you can. The USCIS will initially approve your L-1A Visa for a period of one year. It can be renewed twice, 3 years at a time, for a total of 7 years. The USCIS will want to see evidence of a business plan including financial projections for both the U.S. subsidiary and the foreign parent company.

Q: How much capital does the law require that I have for our new U.S. subsidiary?

A: There is no set capital amount required by law. Whatever is normal for your industry is recommended.



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