L1 Visas for Italian Business Owners and Transferees

Qualifying for an L-1 Visa

Italian applicants for an L-1 visa must meet these requirements:

• You need to have worked for a foreign company outside the U.S for at least one year in the last three years.
• The overseas enterprise must have a connection with a U.S. enterprise as a Subsidiary/parent, Affiliate, or Branch
• The overseas enterprise can function globally and is not required to be located in Italy.

Affiliated Businesses

For a U.S. business to be "affiliated" with a non-U.S. business for L-1 visa purposes, both businesses must be owned or controlled by the same entity or person.

A common mistake is to assume that the U.S. and non-U.S. businesses have to form part of the same “group” or that one business has to own/control the other. This is not true under U.S. law.

Requirements for Italian L-1 Business Owners

Italian business owners typically apply for an L1-A visa as a “manager” or “executive”.

For a successful L1-A application, business owners must effectively showcase their employment in a managerial or executive capacity in the non-U.S. business.

It's crucial to note that USCIS in the United States and U.S. consulates in various cities may have distinct evidentiary requirements.

Davies & Associates is equipped to offer tailored guidance based on the unique circumstances of your case.

Managers and Executives

Managers and executives of non-U.S. businesses transferring to related companies in the United States may be eligible to apply for an L1-A visa.

While a non-manager can typically be promoted into a management role in the U.S. this is not possible with a “new business” (see below).

What is the First Step with an L-1 Visa?

The initial step involves filing a comprehensive application. Attention to detail, especially in areas like business plans, is crucial. The application can be filed in the United States, marked for either "consular processing" or "change of status."

L1 Visa Process simplified in a diagram - Davies & Associates LLC.

Can an L-1 Business Owner form a New Business in the United States and Apply for an L-1 Visa?

Yes, this is a common case. Many clients establish new businesses in a foreign country to qualify for an L-1 visa.

L1 Visas for Italian Non-Management Employees

Non-management employees may be eligible for an L1-B visa, requiring clear documentation of highly specialized skills. A knowledgeable immigration lawyer's assistance is crucial for a successful application.

Special Considerations for New U.S. Businesses

If your U.S. business is less than twelve months old, it is categorized as a "new office." Special provisions apply, and the initial L-1 visa term will be one year, extendable after the first year.

Tax Planning for Italian L1 Applicants

Tax planning is essential, and Davies & Associates provides access to dedicated tax lawyers for clients' tax planning needs.

The Need for Dual Presence in the U.S. and Rome

All L-1 visa applications begin as an L-1 Petition filed with USCIS. After approval, applicants can either change status to L-1 within the U.S. or apply for an L-1 visa from a U.S. consulate abroad.

Obtaining Permanent Residency, a “Green Card” as an L-1 Visa Holder

There are various ways for L-1 visa holders to obtain a "green card," including the EB1(c) mechanism, EB5 visa, Exceptional Worker (EB1), and other work-based or family visa options.

Obtaining a U.S. Passport

If you have progressed from an L-1 visa to a “green card” and held that “green card” for five years (in limited cases three years), and you meet the following requirements we may be able to assist you apply for U.S. citizenship:

1. You must have held your “green card” for the entire five year period;
2. You must have maintained your status as a U.S. resident for this five year period;
3. Ideally you will not have been outside the United States for a period of more than six months in the five year period, though limited exceptions apply;
4. You have not committed a crime or other act, such as a failure to file a tax return, that USCIS interprets as resulting from a lack of good moral character on your part; and
5. You have been physically present in the United States for two and one half years of the total five-year period.