Important: Many startup L-1 denials occur because the U.S. entity was improperly structured before filing. Early legal and operational planning is often critical to long-term immigration success.
L-1 Visas for Startup Founders Expanding to the United States
Foreign startup founders and growing international businesses often use the L-1 visa to establish and scale operations in the United States.
Under the L-1 new office framework, a foreign company may transfer an executive or manager to the United States to open or grow a related U.S. business entity. These cases are heavily scrutinized by USCIS, particularly where startups lack operational history, staffing, or sufficient organizational structure.
Successfully expanding a startup into the United States requires more than simply filing incorporation paperwork. The legal structure, ownership model, contracts, hiring plans, and operational setup can all directly affect the viability of an L-1 petition.
Many international founders enter the United States through the L-1A “new office” pathway. This strategy allows a qualifying foreign company to establish a related U.S. office and transfer a founder, executive, or senior manager to oversee expansion efforts.
USCIS typically evaluates whether:
The foreign company is actively operating abroad;
The U.S. company has a qualifying corporate relationship with the foreign entity;
The business has secured adequate physical premises;
The company can realistically support an executive or managerial role within the first year; and
The founder will primarily perform executive-level duties rather than routine operational work.
Properly and effectively structuring your business from the beginning is a fundamental requirement for running any business. Davies & Associates advises and manages all aspects related to the incorporation of your business. We ensure that all formalities of formation are carefully tailored to your needs.
We also offer a comprehensive range of financial management expertise for our individual and corporate clients to help grow their businesses in the United States and selected international markets.
Depending on your needs, we provide you and your company with support services tailored to your requirements, including:
Advice on choosing the most suitable legal and tax-efficient structure for the business;
Preparing all necessary legal documents related to the business formation;
Preparing Operating Agreements and Incorporation Agreements that accurately reflect the realities of your business;
Shareholder and Board of Director Agreements;
Handling all business registration requirements on Federal and State levels;
Procuring licenses needed to operate your business;
Procuring patent filings and trademark registrations;
Reviewing lease documentation for new U.S. offices;
Drafting employment agreements;
Drafting cross-border contracts;
Valuation services for acquiring an existing business or assets;
Drafting and reviewing commercial agreements with suppliers and customers;
Negotiating acquisition or sale terms; and
Various additional legal and operational support matters.
Common Startup L-1 Problems
Startup founders frequently encounter avoidable problems when attempting to expand into the United States under the L-1 category.
Weak organizational structure: The proposed U.S. entity lacks sufficient staffing or operational planning to support an executive role.
Founder performing operational work: USCIS may deny petitions where the founder appears to function primarily as an individual contributor.
Improper entity formation: Ownership, governance, or registration issues may undermine the qualifying relationship.
Insufficient documentation: Weak contracts, missing agreements, or inconsistent corporate records can trigger Requests for Evidence (RFEs).
Poor expansion planning: Unrealistic hiring projections or unsupported business plans often weaken startup L-1 cases.
Why Proper Business Structure Matters for L-1 Visas
For startup founders, immigration strategy and business structure are closely connected. Decisions made during incorporation may directly affect:
The qualifying relationship between entities;
Executive and managerial eligibility;
Ownership and control analysis;
Operational credibility before USCIS; and
The long-term scalability of the U.S. business.
A properly structured company can significantly strengthen an L-1 petition while also supporting future expansion, hiring, fundraising, and operational growth within the United States.
Speak With Our Startup Immigration Team
Davies & Associates works with startup founders, international businesses, and multinational companies seeking to establish or expand operations in the United States through the L-1 visa category.
Our team assists clients with both immigration strategy and business formation planning to help ensure the U.S. entity is properly structured from the outset.
Is Your Startup Structure Eligible for an L-1 Visa?
Many startup L-1 denials stem from improper entity structure, weak ownership documentation, or operational issues established before filing. Our attorneys help founders structure U.S. operations designed to support long-term immigration and business expansion goals.
Expert in L1 visas and US immigration law. Chairman of Davies & Associates; focused on L-1 visa strategy, E visa strategy, and complex consular filings.
Mark I Davies is an expert in L1 visas and US immigration law, with over 15 years of experience advising multinational companies and executives on intracompany transfers and related business-visa matters. JD, University of Pennsylvania Law School; licensed with the SRA (SRA ID: 384468) in the UK; member of the Law Society of England & Wales; MBA, Wharton School of Business. Licensed in the USA, Georgia State Bar. AILA member.
Area
Details
Expertise
Recognized expert in L-1 visas and US immigration law, advising multinational employers and senior personnel on intracompany transfers, new office petitions, and related consular matters
Education
JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training
Completed analyst training at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice
Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world's largest international law firms
Immigration Track Record
15+ years advising high-net-worth investors and multinational employers on L-1, EB-5, and E-2 matters | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful business and investor visa cases globally
Recognition
Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023) | White House Commendation for contribution to the legal profession
Professional Engagements
Lecturer and trainer for other lawyers at AILA, ACA, and the University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences
We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for businesses, investors, individuals, and families.
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.
Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and very thorough in what they did. They worked on my case 24/7 and were very patient in answering all my questions.
E-2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI Client
D&A was my guiding light through the entire EB-5 process.
EB-5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E-2 visa. The most important thing is a good team behind you. With Davies & Associates, you're in safe hands... you need someone who can support you on the ground and, again, you are well taken care of by D&A. The people are really warm, very helpful and quite open-minded when it comes to business... Not to mention as a passport it's great from a travel perspective... It's just 4 to 5 hours from New York.
Grenada CBI + E2 Visa Client
The entire process of getting an EB-5 visa is handled in a professional way by Mark Davies and his team. EB-5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H-1B route for my children, but it became unreliable and so I looked to the EB-5 visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.
Parent of 2 EB-5 visa holders
I'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
L-1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in a highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.
Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.
Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.
Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.
Looking to relocate or having trouble with a visa application?
We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for business, investors, individuals and families.
