Expanding your company to the United States

Who this section is for

This section is for founders, executives and HR teams planning to expand a company into the United States or move key people here. It explains which visa categories companies use, how they connect to green cards, and what to think about when setting up the U.S. entity. Immigration and corporate structure are linked: the way you own and fund the U.S. company can decide which visas are available.

The main routes for companies

L-1A and L-1B intracompany transferees

For employees who have worked at least one continuous year in the past three for a related company abroad. L-1A covers managers and executives (up to seven years); L-1B covers specialized-knowledge staff (up to five years). The U.S. and foreign companies must be a parent, branch, subsidiary or affiliate.

"New office" L-1

A company that has not yet started U.S. operations can send an L-1 employee to open an office. USCIS generally requires proof that physical premises are secured, and, for L-1A, that the office will support a managerial or executive role within one year. Initial approval is usually for one year, and the extension is reviewed closely for real growth, staff and revenue.

EB-1C multinational manager or executive

A green card category for managers and executives of multinational companies, with no labor certification. Requirements generally include one year of qualifying employment abroad in the three years before the U.S. role and a U.S. employer that has been doing business for at least one year. Many L-1A holders later file EB-1C. See EB-1.

E-1 and E-2 for companies

A company at least 50% owned by nationals of a treaty country can register with a consulate and bring employees of the same nationality as executives, supervisors or essential-skills workers. E-2 requires substantial investment by the company; E-1 requires substantial trade with the treaty country. See E-2.

H-1B and O-1 for founders

A founder can be sponsored by their own U.S. company if there is a real employer-employee relationship, for example through a board that can control their employment. H-1B requires a specialty occupation and usually the lottery; since September 21, 2025, a $100,000 payment applies to many new H-1B petitions for workers outside the U.S. under a proclamation extended to September 21, 2027 (see the $100,000 fee). O-1 requires extraordinary ability and has no lottery or cap.

Companies also use TN for Canadian and Mexican professionals and EB-2 national interest waivers for founders whose work has national importance. For personal investment routes, see the investors hub or compare EB-5, E-2 and L-1 side by side.

Entity setup considerations

Corporate decisions made early can open or close immigration options. Topics to discuss with immigration counsel and a corporate or tax advisor:

• Qualifying relationship: for L-1 and EB-1C, the U.S. entity must be a parent, branch, subsidiary or affiliate of the foreign company, generally through common ownership and control. Document share ownership carefully.
• Treaty ownership: for E visas, at least 50% of the U.S. company must be owned by treaty nationals who are not U.S. permanent residents.
• Funding: E-2 investment must be committed and at risk; new-office L-1 cases benefit from showing the U.S. office is adequately capitalized.
• Premises: new-office L-1 petitions usually need a signed lease for suitable space, not just a virtual office.
• Ongoing foreign operations: L-1 and EB-1C require the foreign company to keep doing business during the U.S. employee's stay.
• Payroll, tax and banking: an EIN, payroll registration, and a U.S. bank account are basics that also serve as evidence.

Typical government fees (as of October 2026)

Under the USCIS fee schedule, Form I-129 costs $1,385 for L petitions, $1,015 for E petitions filed with USCIS and $1,055 for O petitions, plus a $600 Asylum Program Fee ($300 for employers with 25 or fewer full-time equivalent employees and $0 for nonprofits). Initial L-1 petitions also generally carry a $500 fraud prevention and detection fee, and employers with 50 or more U.S. employees more than half of whom are in H-1B or L-1 status pay an extra $4,500 per L-1 petition, which since September 9, 2026 also applies to extensions. Premium processing for these categories costs $2,965 since March 1, 2026. Confirm fees on the USCIS fee page before filing, and try our sponsorship cost calculator.

Pending changes to watch

As of October 2026, DHS has proposed removing the regulation that gives deference to prior approvals on extension petitions (comments due November 13, 2026) and eliminating the discretionary 60-day grace period after employment ends for several work categories (comments due November 10, 2026). These are proposals, not final rules, but they could make extensions and job changes riskier. Our policy tracker follows them.

Sensible first steps