Law Office of MJ Lee

L, E Visas for Multinational Companies

Helping companies expand to the U.S. with E-2 and L-1 visas.

L Visa

L-1 and E-2 Visa Attorney for Korean Companies and Investors

The Law Office of MJ Lee is a Boston boutique immigration law firm that represents Korean multinational companies, startups, and investors expanding into the United States. Attorney MyungJin (MJ) Lee advises on E-2 treaty investor visas, L-1A and L-1B intracompany transferee visas, new office petitions, and the transition from L-1A to an EB-1C green card. Consultations are available in English and Korean.

The right visa strategy depends on how your company is structured, how much it has invested, and who needs to be in the United States first. We plan the corporate and immigration steps together, so that the U.S. entity is set up to support the visas your key personnel will need.

What Are the L-1 Visa Requirements?

The L-1 classification allows a multinational company to transfer an employee from its foreign operation to a related U.S. entity. The petitioner must show:

  • a qualifying relationship between the Korean company and the U.S. entity, such as parent and subsidiary, branch, or affiliate;

  • that the employee has worked for the foreign company for at least one continuous year within the three years before the petition, in a managerial, executive, or specialized knowledge capacity; and

  • that the employee will work in the United States in a managerial or executive (L-1A) or specialized knowledge (L-1B) capacity.

L-1A vs. L-1B: What Is the Difference?

L-1A is for executives and managers. A manager primarily directs the organization, a department, or an essential function, and an executive primarily directs the management of the organization and establishes its goals and policies. The position must be primarily managerial or executive, not merely carry the title. L-1A status can last up to seven years.

L-1B is for employees with specialized knowledge of the company’s products, processes, technology, or procedures that is distinct or advanced compared with others in the industry. L-1B status can last up to five years.

2025–2026 Adjudication Trends: L-1B petitions continue to draw frequent RFEs on whether the claimed knowledge is truly specialized rather than general industry expertise. Effective petitions explain what the knowledge is, how it was acquired within the company, and why it cannot readily be transferred to a U.S. hire. For L-1A, officers look closely at the organizational chart and actual daily duties; a title such as “Director” or “CTO” carries little weight unless the record shows who the beneficiary manages and what decisions the beneficiary makes.

Practice Note: When the same company files several petitions, such as an L-1A for an executive and an L-1B for a specialist, the organizational charts, titles, and business figures must match across filings. Inconsistencies between related petitions are a common and avoidable cause of RFEs.

Can a New U.S. Company File an L-1 Petition?

Yes. A Korean company opening a new U.S. office can transfer a manager, executive, or specialist under the new office provisions. The petitioner must show that it has secured physical premises and, for L-1A, that the new office will support a managerial or executive position within one year. 8 C.F.R. § 214.2(l)(3)(v)–(vi). The initial approval is limited to one year.

At the extension, USCIS evaluates what the U.S. office has actually become: its staffing, revenue, and organizational structure, and whether the beneficiary is now functioning primarily as a manager or executive. 8 C.F.R. § 214.2(l)(14)(ii). Planning for the first-year extension should begin on the day the new office opens.

Can L-1A Executives Get a Green Card?

Yes. Multinational executives and managers may qualify for an EB-1C green card, which does not require PERM labor certification. The requirements closely track the L-1A standards, but the analysis is applied to the permanent role, and USCIS also examines the U.S. company’s ability to pay. Because L-1 status permits dual intent, an L-1A executive may pursue permanent residence while maintaining L-1 status.

E-2 is not a dual intent classification. E-2 holders considering permanent residence should plan the timing carefully, and may evaluate EB-1C (where the company has a qualifying multinational structure), EB-2 NIW, or other categories.

L or E?

E-2 or L-1: Which Visa Fits Your Company?

Basis
E-2: Investment by Korean nationals or a Korean-owned company
L-1: Transfer of an employee from a related foreign company

Ownership requirement
E-2: At least 50% owned by Korean nationals
L-1: Qualifying relationship (parent, branch, subsidiary, or affiliate)

Prior employment abroad
E-2: Not required
L-1: At least one continuous year in the past three years

Where filed
E-2: U.S. Embassy Seoul (or USCIS for a change of status)
L-1: USCIS (Form I-129), followed by visa stamping

Length of stay
E-2: Visa generally valid up to 5 years for Korean nationals; each admission grants up to 2 years, renewable while requirements are met
L-1: L-1A up to 7 years; L-1B up to 5 years

Green card intent
E-2: Not dual intent
L-1: Dual intent permitted

Spouse work authorization
E-2: Yes, incident to status
L-1: Yes, incident to status

Many Korean companies use both: E-2 for investors and key managers of a newly capitalized U.S. business, and L-1 for executives and specialists transferred from the Korean parent.

E-2

What Are the E-2 Treaty Investor Visa Requirements?

Korea is a treaty country under the 1956 Treaty of Friendship, Commerce and Navigation between the United States and the Republic of Korea. An E-2 applicant must generally show:

  • Treaty nationality: The enterprise is at least 50% owned by Korean nationals (9 FAM 402.9-4).

  • Investment: The investor has placed capital at risk in a bona fide enterprise, irrevocably committed to the business (9 FAM 402.9-6(A)–(B)).

  • Substantial investment: The amount is substantial in proportion to the total cost of the enterprise. There is no fixed minimum (9 FAM 402.9-6(C)).

  • Real and operating enterprise: The business is an active commercial undertaking, not a passive investment such as undeveloped land or securities (9 FAM 402.9-6(E)).

  • Not marginal: The enterprise has the present or future capacity to generate more than a minimal living for the investor or to make a significant economic contribution (9 FAM 402.9-6(D)).

  • Develop and direct: The investor controls the enterprise, or the employee holds an executive, supervisory, or essential-skills position (9 FAM 402.9-7).

2025–2026 Adjudication Trends: In our experience, the issues most often questioned in E-2 cases are the source and path of investment funds, whether the funds are genuinely committed rather than held in reserve, and whether the business plan credibly supports U.S. hiring beyond the investor’s own household. A clear paper trail from the Korean source of funds to the U.S. business account, and a business plan with realistic staffing and revenue figures, carry more weight than a high investment figure alone.

How Much Investment Is Needed for an E-2 Visa?

There is no statutory minimum. The investment must be substantial relative to the cost of establishing or purchasing the particular business, under a proportionality test (9 FAM 402.9-6(C)). A lower-cost business generally requires a higher percentage of its total cost to be invested. In practice, the question is less about the dollar amount and more about whether the investment is sufficient to make the business operational and to show the investor’s commitment.

Can E-2 Employees Who Are Not Investors Qualify?

Yes. Korean-national employees of a qualifying E-2 enterprise may qualify if they will work in an executive or supervisory role, or have skills essential to the enterprise’s operations (9 FAM 402.9-7). This is often the most efficient route for engineers, technicians, and managers sent to set up or support a Korean-owned U.S. operation.