USA Migration and US Visas

Business USA Visas

US visas within this category allow persons to live and work in the states on the basis of their business interests there.

There are four main types of business US visas. Three are temporary and the other is a permanent visa.

The three temporary US visas are the E-1, E-2 and L-1 visas.
Temporary business USA Visas:

The L-1 Visa

The L-1 visa is afforded to executives, managers and those with specialised knowledge within a foreign company to transfer to a US affiliate, subsidiary, branch or parent company in the USA. In other words, this category of US visas facilitates intra-company transfers to associate US entities of foreign companies for those employed within the above named positions.

A qualifying relationship must exist between the foreign entity and the US company for employees to qualify for L-1 status. Both companies must have common ownership of shares which would determine whether one company is the subsidiary, parent company, affiliate or branch of the other company.

Spouses and unmarried children under the age of 21 are entitled to L-2 visas.

The L-1 visa essentially is categorised within the sphere of US work visas. It is, however, also an US immigration tool used by foreign business persons to establish business connections within the states.

There are two types of L-1 Visas. The L-1A and L-1B visas:

L-1A Visa

Executives and managers of foreign companies may transfer to a proscribed US entity on L-1A visa status. The employee is required to have worked for the foreign company for a minimum of twelve months.

First line managers do not qualify as having managerial capacity for these purposes.

Evidentiary documentation demonstrating the employee’s executive and managerial capacity must be submitted with all other required documents to prove that the employee is eligible for L-1A status.

The L-1A visa is arguably the most beneficial of US visas particularly within the temporary category. Upon the culmination of one year’s employment, the beneficiary may apply for US permanent residence which is synonymous with green card status. There are also other benefits to pursuing an L-1A visa in favour of other US visa. However, this is best discussed in detail with a specialist in US immigration law.

The L-1A visa is initially issued for a year for new US businesses and three years for US entities that have been in operation for more than a year. The visa can be extended for up to a maximum of seven years.

The L-1B Visa

US Immigration rules require that an employee must have special knowledge of the foreign company’s procedures and applications to qualify for L-1B status. This calls for unique knowledge possessed by the employee that is not easily available in the US market.

Like many other temporary business and work US visas, the beneficiary is permitted to work in the States for a certain duration with the possibility of applying for permanent residence. However, the acquisition of green cards for migrants within this category is a harder process than it is for L-1A visa holders.

L-1B visa beneficiaries are entitled to remain in the US for a maximum of five years.

Please do not hesitate to contact our US immigration lawyers for more detailed advice on L-1 visas and other categories of temporary US visas. Advice on permanent US green cards is also available

The E-2 Visa

The E-2 category of US visas is available to foreign business persons who have established a company in the states and wish to enter the country to manage the business. It is otherwise known as the treaty investor visa. It is available to nationals of countries that maintain a treaty with the United States.

To qualify for this classification of USA business visas, the alien must make a substantial and non-marginal investment in establishing the business. US Immigration guidelines prescribe an investment of no less than $100,000 to meet the ‘substantial’ investment standards. The amount invested to qualify will, however, be determined by factors such as the size and nature of the business. An investment of at least $1,000,000 automatically qualifies as a substantial investment for E-2 visa purposes.

As mentioned above, the investment must not be marginal. The estimated income generated by the business must be sufficient to support the E-2 visa beneficiary and his/her family.

US Immigration laws require that the E-2 visa applicant owns at least 50 percent of the business. Another national of a treaty country or US national/limited company must own the remaining 50 percent. Otherwise, the prospective E-2 visa beneficiary should own 100% of the shares.

Spouses and unmarried children of the beneficiary are entitled to derivative E visas. Spouses may be authorised to work by filing form I-765 employment authorization application.

Amongst other documents a five year business plan must be submitted with other evidentiary documents to support the stance that the business will in a reasonable duration become a viable successful business entity that would provide more than a marginal income.

The E-2 visa is initially issued for a duration of five years, but may be issued for two years if there is some speculation as to whether the business will be successful.

The visa can be extended indefinitely as long as the investment that supported the business originally still exists and it is still a viable business entity for E-2 standards.


An E-2 beneficiary and his dependants may change their status and acquire USA green cards. However, this cannot be achieved simply on the platform of being an E2 visa holder.

The maximization of one’s E-2 status within the US should be discussed in detail with specialist USA immigration lawyers.

E-1 Visa

The E-1 visa falls under the category of business USA visas. Foreign employees may enter the United States to work in a US entity if an affiliate, parent company etc of a treaty country meets the criteria established for E-1 visa applications.

To qualify under this classification of US visas, the employer of the prospective beneficiary employee must establish that it is engaged in substantial trade principally between the United States and the foreign worker’s country of nationality. Over fifty percent of the total volume of trade conducted must be between the United States and the treaty country of which the foreign worker is a citizen.

The US immigration laws, here again, require that the US enterprise must not be marginal. This would be demonstrated by a business plan showing how the company’s income will develop in one, three and five year projections.

E-1 visas are available to executives, managers and essential personnel of the company.

To qualify for these US visas, the immigration department will scrutinise the duties of the employee to determine whether they qualify as an executive, manager or essential employee. The title of the position is not sufficient to establish the qualification.

The spouse and unmarried children under the age of 21 may apply for E visas on the basis of the acquisition of an E-1 visa by the principal beneficiary. Spouses may work in the states by applying for employment authorisation on form I-765.



Please do not hesitate to contact our USA immigration lawyers for detailed advice on USA business visas.