Guidance on L-1 visa requirements for offshore entity setup in India.

Question

We are a U.S.-based technology company looking to establish an offshore entity in India to support our product development efforts. Our goal is to ensure that this entity meets the requirements for transferring team members to the U.S. under the L-1 visa program within a two-year timeline. Specifically, we need clarification on the following points: 1. Is there a minimum revenue or operational threshold required for the offshore entity to qualify for L-1 sponsorship? 2. Does the offshore entity need to be a formal subsidiary, or would another type of affiliated company suffice? 3. If we plan to apply for a blanket L-1 to facilitate multiple transfers, would the same company setup be adequate? We have not yet consulted with legal experts and are in the process of setting up in India. Any guidance on these points would be greatly appreciated.

James L. Arrasmith · Answer

You're doing the right thing by thinking ahead about how your offshore entity in India can align with L-1 visa requirements. For the standard L-1 visa, there’s no official minimum revenue requirement, but the entity must be doing business in a meaningful way—such as maintaining an office, paying employees, and handling active operations. Immigration officers will look at whether the company is functional, has real operations, and can support the transferee in a managerial, executive, or specialized role. 
 
As for structure, the U.S. company must have a qualifying relationship with the Indian entity. This means the offshore company needs to be a parent, subsidiary, branch, or affiliate. If it's not a formal subsidiary, it must at least have a common ownership or control link to qualify. Make sure the corporate connection is clearly documented, as that’s essential when applying for the L-1. 
 
If you're considering a blanket L-1 petition, the threshold is higher. USCIS will expect a more established business history—typically at least one year of operations for each entity, with a substantial number of employees and prior L-1 approvals. For now, your focus should be on setting up the Indian entity with proper ownership ties and making sure it becomes fully operational. That way, when the time comes, you’ll be in a strong position to pursue either individual or blanket L-1 transfers.

Q: Guidance on L-1 visa requirements for offshore entity setup in India.