L-1 Visa: how it works for those opening a company in the US

Written by the Miami Soluções team · Updated on 2026-08-19

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The L-1 visa allows an employee to transfer from a foreign company to a related American company — parent, branch, subsidiary or affiliate — into an executive, managerial (L-1A) or specialized-knowledge (L-1B) role. It's one of the few visa categories directly tied to business activity, but it requires a real corporate relationship between the two companies, not just the existence of a US company.

L-1A vs. L-1B

The L-1A is for executives and managers — people responsible for directing the organization, a department or a subdivision, with real decision-making authority. The L-1B is for professionals with specialized knowledge of the company's products, services, research, equipment, techniques or management, that would be hard to find outside the company.

The relationship between opening a US company and the L-1

This is the real (and often misunderstood) connection between a company and immigration: the L-1 can be used when an already-established Brazilian company opens a branch, subsidiary or affiliate in the United States, and transfers a qualified employee to that new operation. What makes the L-1 viable isn't simply registering a US LLC — it's the existence of a foreign company in operation, with at least one year of the employee's history there, and a qualifying corporate relationship between the two companies.

See how opening a company in the US works →

General requirements

A qualifying corporate relationship between the foreign company and the American company (parent, branch, subsidiary or affiliate);
At least one continuous year of work at the foreign company within the three years prior to the petition;
An executive/managerial (L-1A) or specialized-knowledge (L-1B) role, both abroad and in the US;
When it involves opening a new US operation ("new office"), additional requirements apply regarding physical space and business viability.

Frequently asked questions

Does opening a company in the US already qualify me for the L-1 visa?

Not automatically. The L-1 requires a qualifying relationship between an already-existing company in Brazil (or another country) and a US company — parent, branch, subsidiary or affiliate — plus at least one year of verified employment at the foreign company within the last three years, in an executive, managerial or specialized-knowledge role. Simply registering a new US LLC without that history does not meet the requirements.

What's the difference between L-1A and L-1B?

The L-1A is for transfers into executive or managerial roles. The L-1B is for transfers of professionals with specialized knowledge of the company's products, services or processes.

Do I need to already have a company in the US to apply for the L-1?

Not necessarily — the L-1 is also used to open a new branch or subsidiary in the US of an already-established foreign company, though that scenario ("new office L-1") has additional requirements compared to a transfer into an already-existing US operation.

Sources: USCIS — L-1A Intracompany Transferee, USCIS Policy Manual, Volume 2, Part L.

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