By Partner Chris Prescott
The L-1A visa is a highly attractive option for Indian nationals (including those residing in India and expatriates living abroad), to establish a business presence in the United States and eventually secure permanent residency. This visa is particularly appealing due to its reputation as one of the fastest routes to obtaining a green card. Here’s why the L-1A visa is considered an excellent choice for Indian entrepreneurs and executives:
Advantages of the L-1A Visa Eligibility for Executives and Managers:
• The L-1A visa is specifically designed for executives and managers of multinational companies who are being transferred to the U.S. to work for a subsidiary, parent, affiliate, or branch of their company.
• Indians who have been employed by a multinational company for at least one year in the past three years may qualify for this visa, making it an ideal option for those already working in such roles.
Opportunity for Business Owners:
If you own a business outside the U.S., you can transfer yourself to the U.S. to establish a new office. This pathway enables Indian entrepreneurs to broaden their business horizons and tap into the lucrative U.S. market.
Dual Intent:
The L-1A visa allows for dual intent, meaning you can enter the U.S. as a non-immigrant with the intention of eventually obtaining a green card. This feature makes it a favorable option for those seeking a clear path to a green card.
Pathway to Green Card through EB-1C:
After conducting business in the U.S. for a minimum of one year, you may qualify to apply for a green card under the employment-based first preference (EB-1C) category. This category is specifically designed for managers and executives of multinational companies and shares similar eligibility criteria with the L-1A visa.
Those who qualify for an L-1A visa typically meet the criteria for the EB-1C category, allowing for a relatively quick transition to a green card, often within 3-4 years, bypassing the longer waiting times associated with EB-2 and EB-3 categories.
Exploring the E-2 Visa Option
While the L-1A visa is a robust option, Indians from a qualifying country should also consider the E-2 Treaty Investor visa, especially if they are interested in starting a new business in the U.S.
Here’s why the E-2 visa might be a suitable alternative:
• Investment-Based Visa: The E-2 visa is available to nationals of countries that have a treaty of commerce and navigation with the U.S. While India does not currently have such a treaty, Indian nationals with dual citizenship from a treaty country can explore this option. For example, if you were born in the UK or later acquired UK citizenship you are eligible for an E-2.
• Substantial investment: This visa is designed for entrepreneurs who are investing a substantial amount of capital in a U.S. business. It allows them to develop and direct the operations of their enterprise. You can start a business with as little as $100,000.00.
• Flexibility and Renewability: The E-2 visa offers flexibility in terms of the type of business that can be established and does not have a cap on the number of visas issued annually. It is renewable indefinitely as long as the business remains operational and meets the visa requirements, providing long-term stability for entrepreneurs. However, there is no direct path to a green card.
Conclusion
For Indians seeking to establish a business presence in the U.S. and pursue permanent residency, the L-1A visa offers a streamlined and efficient pathway. Its eligibility for executives and managers, combined with the possibility of transitioning to a green card through the EB-1C category, makes it a top choice for those in multinational roles. Additionally, exploring the E-2 visa option can provide further opportunities for entrepreneurs with citizenship from a treaty country. Both visa categories offer unique advantages, and choosing the right one depends on individual circumstances and business goals.
Your Trusted Legal Partner: Expertise in Immigration, Real Estate, and Corporate Law
Patel Law Group, located in Dallas, TX, specializes in Immigration, Real Estate, and Corporate Law. The firm is dedicated to providing comprehensive legal services tailored to the unique needs of its clients. Chris Prescott, a Partner and seasoned Immigration Attorney with over 12 years of experience, plays a pivotal role in the firm’s success. Originally from the UK, Chris brings a wealth of international perspective and expertise to his practice.
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