L-1 or E Visa: Setting up a New Business (Ⅲ)

Factors governing the choice of appropriate visa:

Following are the basic issues that determine the choice of the most suitable visa category to set-up a new office in the United States:

1.         Period of Initial Employment

E-1/E-2 visa may be granted initially for 2 years whereas an L-1 for a new company is granted initially for 1 year. After the expiry of the first year on L-1 status, the applicant has to show that the new U.S. company has been doing business during past year, and continues to require the services of the applicant as a manager, executive or an employee with specialized knowledge. Companies that anticipate a "slower start" to get established in the U.S. may use E visa option that gives them a two year initial period to set-up their operations.

2.         Limit on Employment

An E-1 or E-2 visa can be extended indefinitely for up to two years at a time provided that the stay of the applicant remains temporary. An applicant in L-1 status in the U.S., however, cannot extend his/her L-1 stay beyond a period of 5 years (for specialized knowledge employees) or 7 years (for managers or executives). Once the employee has spent one full year outside the U.S. they can start their time in L-1 status again.


Source:Visapro