Visa questions? We can help.

Dual intent means you can hold a temporary visa while also intending to apply for permanent residency (a green card).

The H-1B and L-1 visas are true dual intent visas. Most others, such as B-1/B-2, E-2, and F-1, do not permit dual intent, so pursuing a green card from those visas can create complications.

The O-1 is a special case: it is not a dual intent visa by law, but in practice, both USCIS and the Department of State usually treat it as if it were.

E-2 visa processing typically takes two to six months from start to finish, though this varies by consulate.

The interview scheduling wait time is often the longest variable.

Some cases require additional administrative processing that adds two to eight weeks.

Yes, if you're in a valid nonimmigrant status, you can file Form I-129 with USCIS to change to E-2 status without leaving the country.

However, USCIS processing times can be lengthy, and you'll still need to obtain a visa stamp at a consulate if you later travel abroad.

The E-2 doesn't directly lead to a green card, but E-2 holders have several pathways to permanent residence.

Options include the EB-5 immigrant investor program, EB-1A extraordinary ability, EB-2 NIW national interest waiver, or employer-sponsored green cards through the PERM process.

The E-2 is a temporary (nonimmigrant) visa with no fixed minimum investment that can be renewed indefinitely but doesn't lead directly to a green card.

The EB-5 is an immigrant visa requiring $800,000 to $1,050,000 that leads directly to permanent residence and requires creating 10 jobs.

No, you must be a citizen of a treaty country to qualify for the E-2 visa.

If your country does not have a qualifying treaty with the United States, consider alternatives like the H-1B, L-1A, O-1A, or EB-5 depending on your qualifications.

Yes, your spouse and unmarried children under 21 can accompany you on E-2 dependent status.

Your spouse can apply for work authorization (EAD) to work for any U.S. employer, and your children can attend school.

Yes, you can use borrowed funds for your E-2 investment, but the loan must be secured by your personal assets, not by the E-2 business itself.

If the business serves as collateral, the funds aren't considered "at risk" because the lender, not you, would bear the loss if the business fails.

Most of your investment should be committed before you apply, but you don't necessarily need to have spent every dollar.

Funds in escrow that will be released upon visa approval count toward your substantial investment.

The key is demonstrating that your capital is irrevocably committed to the enterprise.

Yes, but you'll need to meet all the L-1A visa requirements independently.

That means you'd need a qualifying multinational employer, at least one year of qualifying employment abroad in a managerial or executive role within the past three years, and a U.S. entity with a qualifying relationship to the foreign employer.

Simply holding an E-2 doesn't give you any advantage in the L-1A petition process.

There's no fixed minimum set by law.

USCIS and consular officers evaluate whether the investment is substantial relative to the total cost of the business.

In practice, investments of $100,000 or more tend to receive more favorable treatment, but smaller amounts can qualify for lower-cost enterprises.

The L-1A offers a clearer path to permanent residence because of its dual intent status and direct EB-1C green card category.

The E-2 allows indefinite renewals but has no built-in route to a green card.

Business owners who want to stay in the U.S. permanently often find the L-1A more strategically valuable for their immigration process.

The L-1A is tied to employer sponsorship by a qualifying multinational organization.

The beneficiary can't use it to launch an independent venture.

However, if you own a company abroad and open a U.S. branch or subsidiary, you may be able to petition yourself as an L-1A intracompany transferee, provided all eligibility requirements are met.

An L-1A manager either supervises professional or supervisory staff (personnel manager) or manages an essential function (function manager).

An L-1A executive directs the management of the organization or a major component, makes wide-latitude decisions with limited oversight, and establishes goals and policies.

The executive role requires broader authority and a higher position in the organizational hierarchy.

Yes. The functional manager category was specifically created for individuals who manage an essential function rather than a team.

However, USCIS applies heightened scrutiny to these petitions.

You'll need to demonstrate that the function is essential to the organization, that you operate at a senior level, and that your work involves directing and planning rather than performing the function's core tasks yourself.

The most frequent denial reason is that the beneficiary performs primarily operational or hands-on duties rather than managerial or executive functions.

USCIS looks at how you actually spend your time, not just your job title.

If the majority of your workday involves performing the same tasks as your subordinates or doing production-level work, the adjudicator may conclude your role doesn't qualify.

Yes. USCIS requires that the beneficiary worked abroad in a managerial or executive capacity for at least one continuous year within the three years before the transfer.

The proposed U.S. position must also be managerial or executive.

Both positions are evaluated independently, so you'll need to submit evidence and supporting documents for each role.

No. Blanket petitions are only available to organizations engaged in commercial trade or services.

Nonprofits, religious organizations, and other noncommercial entities must use the individual petition route for L-1A transfers, even if they meet the other size and volume requirements.

USCIS initially approves blanket petitions for three years.

After that, you can renew the blanket indefinitely as long as your organization continues to meet the eligibility requirements.

The blanket covers future transfers, so you don't need to refile the organizational petition each time you move a new employee.

There's no published data comparing blanket and individual visa approval rates directly.

Consular officers adjudicating blanket beneficiaries can sometimes apply stricter scrutiny to the individual's role.

Well-prepared cases with clear managerial documentation typically do well.

The key is providing strong organizational charts and detailed role descriptions that distinguish the position from hands-on technical work.

No. Blanket petition beneficiaries must go through consular adjudication at a U.S. consulate abroad, which means they need to attend an in-person L-1 visa interview outside the United States.

If your employee is already in the U.S. and you want to avoid international travel, you'll need to file an individual petition on Form I-129 with USCIS.

No. Unlike the H-1B, where an approved I-140 enables three-year extensions beyond the six-year cap under AC21, there is no equivalent provision for the L-1A.

The seven-year maximum is a hard limit.

An I-140's value for L-1A holders is that it establishes your priority date and enables you to file I-485 when that date becomes current.

Not based on the I-140 alone. Your L-1A status is tied to your sponsoring employer.

However, if you've filed I-485 and it has been pending for 180 days or more, AC21 portability allows you to switch to a new employer in the same or a similar occupational classification without affecting your green card application.

Each L-1A extension can be granted for up to two years at a time.

The total time you can spend in L-1A status is seven years, including your initial period and all extensions combined.

Time previously spent in H-1B status also counts against this seven-year cap.

Yes, but there are constraints.

You must make the switch before reaching the sixth year of combined H/L time, the H-1B lottery may apply, and there's no special conversion process for L-1A holders.

The advantage of switching is that H-1B holders with an approved I-140 can get three-year extensions beyond the normal six-year H-1B cap, a benefit that isn't available on the L-1A.