L1 vs E1 for a new US office

[puente 0]

Hi everyone,

I'd like to get your opinion regarding L1 and E1 visas.

Which type of visa will be easier to obtain and extend?

A few details regarding the company:

- A foreign (from an E1 country) software company that was founded 10 years ago and employs 10-15 employees.

- More than 80% of the international trade is done with US entities.

- Exporting to the US is growing each year. In the previous year export it exceeded 1M dollars.

- Lately a US company (branch) was founded, and a new office will be opened shortly.

Every lawyer we consulted with suggested going with an E1 visa and not L1.

They all said the L1 visa are hard to get or to extend in the past years.

Is there any significant advantage in this case for an L1 visa (except for pernament residence)?

[Boiler 43,676]

Hard to get, not with a legitimate case.

Perhaps they think your operation is borderline and E1 makes more sense.

[kzielu 1,147]

Is there any significant advantage in this case for an L1 visa (except for pernament residence)?

L1 visa has nothing to do with permanent residence - it is _temporary_ work visa. Had one...

[jan22 2,912]

It also depends on the nature of the job that the visa applicant would be doing in the US for the US entity, as well as the relationship between the two companies. You should not base it on lawyers you consulted -- the company should have an immigration lawyer to help them make the decision...and it is the company's decision, not the employee's. BTW -- neither L1 or E1 have a real path to permanent residence.

Edited June 3, 2014 by jan22

[aussie_jason 195]

L1 visa has nothing to do with permanent residence - it is _temporary_ work visa. Had one...

L1-A has a path to a green card, L1-B doesn't.

[Boiler 43,676]

They both do. There sems o be an expectation among most of those who have them that an Employer will sponsor for a GC.

[kzielu 1,147]

L1-A has a path to a green card, L1-B doesn't.

And what exactly is it ? Same requirements for EB-1C ? That can be applied for without L-1A. By path people typically (mistakenly) understand spending x number of years in a visa and then automatically getting permanent residence (sort of like GC - citizenship deal) and it has nothing to do with it.

[puente 0]

Thanks for the answers!

We consulted with immigration lawyers (although so far, only briefly).

Regarding GC and E-1 visa, I was under the impression that E visas are not dual intent (as opposed to L visas). However, I now understand that the USCIS sees them as a dual intent.

I'll rephrase my question, is there any reason not to go with an E-1 visa?

[Boiler 43,676]

My guess is that is a very subtle question, which a good lawyer may be able to answer. Most people do not have a choice, the Employer decides.