Sponsor Company Requirement for L1

[StupidGirl]

Hi,

My company is headquartered in Hungary. We have a subsidiary in the USA that was established in May. We have one US employee (US citizen). I would like to transfer one of my employees from Hungary to the USA. The person who I would like to transfer has been working at my company in Hungary for over 1 year. However, my subsidiary in the USA is only 6 months old. Can I transfer the employee now? Or do I have to wait until my US subsidiary is more than 1 year old? Also, since we already have one employee in the USA, are we ineligible to apply for the "open an new office" L1 visa? Thank you!

[igor239]

Hi,

It is my understanding that you can transfer your employee under L1A (maybe L1B) to "establish a new office". It doesn't matter that you already have an employee, as long as your company is doing business for less than one year. In fact the L1 requirements for a new office are more lenient than when the office is established. You'll need more people working in the US office later for L1!

Cheers,
Igor

Disclaimer: I am not a lawyer, you should consult an immigration attorney.

[Libra_14]

Hi,

My company is headquartered in Hungary. We have a subsidiary in the USA that was established in May. We have one US employee (US citizen). I would like to transfer one of my employees from Hungary to the USA. The person who I would like to transfer has been working at my company in Hungary for over 1 year. However, my subsidiary in the USA is only 6 months old. Can I transfer the employee now? Or do I have to wait until my US subsidiary is more than 1 year old? Also, since we already have one employee in the USA, are we ineligible to apply for the "open an new office" L1 visa? Thank you!

Go ahead & file for the visa StupidGirl. You'll easily get it.