A bronze plaque fixed onto the base of the Statue of Liberty bears an inscription that, in part, reads:
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome…
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!
This sonnet, written by Emma Lazarus (1849-1887), symbolizes America’s historical identity as a nation of immigrants. It captures the ideal of the American Dream, a promise that people from all backgrounds can achieve prosperity and happiness. In practice, this begins with immigration: the action of coming to live permanently in a foreign country.
The Immigration Act of 1990 reshaped the modern US immigration system. It changed the national discussion surrounding immigration and opened more possibilities for lawful entry. Quotas on permanent immigration were raised, employment-based visas were increased, and visa categories were revised to include more diverse populations. The act also updated the L-1 visa category. Definitions such as managerial and executive were standardized, and the L-1A/L-1B distinction was formalized. These revisions, among others, demonstrate efforts to modernize and organize the US immigration system.
Immigration involves an important temporal distinction: temporary or permanent residence. Temporary visas permit a limited stay in the US for specific reasons, such as employment or tourism. These are considered nonimmigrant visas, as you are typically expected to return to your home country upon visa expiration. A Green Card allows permanent residence in the US and generally provides access to education and the flexibility to work for any employer anywhere in the US. Underneath these two categories, there are many different visa options. Among them are the B-1 Temporary Business Visitor visa, E-2 Treaty Investor visa, and L-1 Intracompany Transferee visa, which are three nonimmigrant categories that overlap with business activities.
Below is a detailed breakdown of the qualifications, limitations, and required documents for each type.
B-1 Temporary Business Visitor Visa
The B-1 temporary business visitor visa is a nonimmigrant visa that allows individuals participating in business activities to visit the US. Listed below are the criteria needed to qualify:
Business Legitimacy: You must be entering the US solely to participate in business activity of a legitimate nature. This can include negotiating a contract, consulting with business associates, or attending a conference.
Temporary Intent: You intend to stay for a limited time and have a residence abroad along with other binding ties that you must return home to.
Funding: You must have enough money to cover the stay of your trip; you are not allowed to seek employment from a US employer or receive salary from a US source during your stay.
Admissibility: You have no factors that would limit your admission into the US.
Under the B-1 visa, one may stay anywhere from one to six months, with six months as the maximum. If six months is not enough time to carry out your business activities, you may be granted extensions in six-month increments.
E-2 Treaty Investor Visa
The E-2 treaty investor visa is a nonimmigrant visa that allows specific people to work and live in the US. To qualify for an E-2 classification, you must meet the following criteria:
Nationality Requirement: You must be a citizen of a country with which the US maintains a treaty of commerce and navigation. The Department of State website has a current list of qualifying countries. If not, you may be qualified as a citizen of a country with which the US maintains a qualifying international agreement or a country deemed to have this status by legislation.
Substantial Investment: You must invest, or have invested a substantial amount of capital into an enterprise in the US. A substantial amount of capital is not a set number, but is a large enough amount to prove the investor is fully dedicated to the success and longevity of the business. The funds must be obtained legally, directly or indirectly, and subject to loss if the business were to fail.
Active Management: Your intentions for entering the US must be for the sake of the business. This could include actively working to grow the business or holding a managerial position. You must demonstrate control of the business and show personal incentive to develop the business while living in the US.
Real Business: The enterprise must be a bona fide enterprise. This means a real and operating business that meets applicable legal requirements for doing business in its jurisdiction. Marginal enterprises do not have the capability to ever generate enough revenue to support the investor and their family. Investment into an enterprise of this sort is not allowed.
If qualified, investors may be allowed a maximum stay of up to two years. Extensions can be requested, in increments of up to two years each. There is no limit to the number of extensions a person may be granted. However, there must be intent to leave the US when status is terminated, regardless of extension requests.
L-1 Intracompany Transferee Visa
The L-1 visa is a nonimmigrant work visa that allows multinational companies to transfer employees from foreign offices to US offices, temporarily. To qualify, the employee and employer must meet the following criteria:
The Employee:
Employment: The employee must have been working for the qualifying organization abroad for one continuous year during the three years preceding their admission into the US.
Position Qualification: The employee must be seeking work in the US to provide service in an executive or managerial capacity, or to provide specialized knowledge for the company.
The Employer:
Qualifying Relationship: The employer must have a qualifying relationship with the foreign company where the employee previously worked. This relationship may be established through a parent company, subsidiary, or branch office.
Business Conduct: The employer must currently, or plan to, do business as an employer in the US and in at least one other qualifying country directly. Conducting business includes the regular, systematic, and continuous provision of goods and services.
Sponsorship: The employer must use Form I-129 to sponsor their employee for the L-1 visa classification. As an individual, one cannot apply for the L-1 visa.
L-1 visas are divided into two categories: L-1A and L-1B. The L-1A category is the Intracompany Transferee Executive or Manager while the L-1B category is the Intracompany Transferee Specialized Knowledge. The L-1A classification requires the employee to hold a position in an executive or managerial capacity. As defined on the USCIS website, executive capacity “refers to the employee’s ability to make decisions of wide latitude without much oversight” while managerial capacity “refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization” (View Source Here). The L-1B classification requires the employee seeking entry into the US to provide services in a specialized knowledge capacity for the same employer or a qualifying organization. Specialized knowledge “means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures” (View Source Here). L-1 visas are typically granted for up to three years. Qualified employees entering the US to establish a new office are allowed a maximum stay of one year. L-1 visas are a possible track for a foreign employee to enter the US temporarily.
While each visa category has unique eligibility criteria, the core documentation required is relatively consistent across all three. The following section outlines the documentation required for each visa type.
B-1 Temporary Business Visitor Visa
Valid passport
Non-immigrant visa application (Form DS-160)
Proof of intent to depart the US after the visit
Additional documentation may be required. This could include:
Confirmation of travel purposes
Evidence of strong ties to your home country
Ability to cover expenses during your stay
E-2 Treaty Investor Visa
Valid passport
Non-immigrant visa application (Form DS-160)
Nonimmigrant Treaty Investor Application (Form DS-156E)
Evidence demonstrating control of the business
Transactional documents, such as:
Investment records
Operating or shareholder agreements
Business plans
L-1 Intracompany Transferee Visa
Valid passport
Employer-filed Form I-129 (Petition for a Nonimmigrant Worker) and L-classification supplement
USCIS approval notice (Form I-797) before the employee may apply for the visa
Non-immigrant visa application (Form DS-160)
Additional documents may be requested, including:
Employment verification documents
Operating or shareholder agreements
Business licenses
Visa application costs vary depending on the visa category, the applicant’s country of nationality, and whether optional expedited processing is used. Understanding the fee structure is essential for planning purposes. Costs may increase if multiple dependents are applying, reciprocity fees apply, or premium processing is needed. The application fees are listed below. This is not a comprehensive list, but it is designed to help you understand a possible cost breakdown.
B-1 Temporary Business Visitor Visa
Application Processing Fee: $185
E-2 Treaty Investor Visa
Application Processing Fee: $315
L-1 Intracompany Transferee Visa
Application Processing Fee: $205
Fraud Prevention: $500 (paid by employer)
Filing Fee for Standard Employers: $1,385 (paid by employer)
A large portion of the B-1, E-2, and L-1 visa processes involve transactional legal work to ensure the applicant's business documentation is accurate and legally sufficient. Business law firms often review corporate formation documents to confirm the business is properly organized and operating in compliance with the law. For the E-2 and L-1 visas, attorneys frequently examine shareholder or operating agreements and other corporate records to verify control, ownership, and business relationships. This work is essential in ensuring the applicant's supporting documentation is aligned with the standards for each application.
US immigration law can be complex, and visa applications often require extensive supporting documentation. At Wandzel, we work alongside experienced immigration counsel to assist clients with the corporate documentation required for visa applications.