Employee Visas

01. U.S. Employee Assignment Visas at a Glance

02. L-1A – Assigning Executives and Managers

L-1A may be considered when assigning an executive or manager who has worked at a related overseas company to a U.S. business that has a qualifying relationship with that company — a parent, subsidiary, affiliate, or branch.

Key points to review

• Whether there is a qualifying corporate relationship between the Korean and U.S. companies

• Whether the employee meets the required overseas work experience

• Whether the role performed abroad was executive or managerial in nature

• Whether the role to be performed in the U.S. is executive or managerial in nature

• Whether the U.S. business is actually conducting business

Companies newly opening a U.S. office may be able to consider a New Office L-1A if certain requirements are met. Unlike an established U.S. business, a new entity often needs to show a business plan demonstrating that its premises, investment, staffing plan, and U.S. operations will grow, within a set period, to a scale that can support a managerial position.

03. L-1B – Assigning Specialized Knowledge Personnel

L-1B is considered when assigning an employee with specialized knowledge of the company's products, services, research, equipment, technology, management, or internal processes to a related U.S. company. Specialized knowledge is not established simply by having many years of experience.

Factors that may be reviewed together include:

• Knowledge of the company's proprietary products or technology

• Proprietary manufacturing or operational processes

• Expertise in internal systems

• The education and experience needed to acquire that knowledge

• How rare that knowledge is among the company's personnel

• Why the U.S. business needs that particular employee

Manufacturing, IT, and engineering companies building U.S. production facilities frequently consider L-1B for their technical personnel.

E-2 Employee status allows a U.S. business owned by nationals of an E-2 treaty country to employ an executive, manager, or essential employee with special qualifications who shares that same treaty-country nationality. Since South Korea is a U.S. E-2 treaty country, a Korean-owned U.S. business that meets the requirements may consider assigning a Korean national employee under E-2 Employee status.

01. Basic Requirements for the E-2 Business

The U.S. business must hold the nationality of an E-2 treaty country. Generally, at least 50% of the business's ownership must belong to nationals of that treaty country, so the ownership structure of the U.S. entity must be confirmed first. Simply having incorporated a company in the U.S. does not, by itself, mean E-2 Employee status is available.

02. Requirements for the E-2 Employee Applicant

The applicant must hold the same treaty-country nationality as the E-2 business and must perform one of the following roles.

For an Essential Employee, eligibility is not determined simply by holding a particular license or having a certain amount of experience — factors such as the level of expertise, its relevance to the company's business, the specialized nature of the skill, and education and experience are reviewed together.

03. Key Features of E-2 Employee Status

1) No Personal Investment Is Required

Unlike the E-2 investor, an E-2 Employee does not need to personally invest in the U.S. business. The employing U.S. business itself, however, must meet the E-2 enterprise requirements.

2) A Different Qualification Framework Than H-1B

E-2 Employee is not subject to the same educational requirements as the H-1B Specialty Occupation category, or to the general H-1B cap. Instead, the key factors are the nationality of the E-2 business and the employee, and whether the employee qualifies as an executive, manager, or essential employee.

3) Korean Nationals May Receive a Visa Valid for Up to 60 Months

Under the U.S. Department of State's reciprocity schedule for South Korea, E-2 visas for Korean nationals may currently be issued for multiple entries with validity of up to 60 months. However, visa validity and the length of a single authorized stay in the U.S. are different concepts; the actual period of authorized stay should be confirmed on the I-94 issued at entry.

04. Accompanying Family Members

The spouse and unmarried children (who meet certain requirements) of the principal E-2 applicant may obtain derivative status to accompany them.

• Spouse: A qualifying E spouse may currently be authorized to work based on their status alone, and it is important to confirm that the I-94 correctly reflects the spousal E status code. A separate Employment Authorization Document may also be requested if needed.

• Children: Accompanying children may attend school in the United States.

However, being an E-2 dependent child does not, by itself, confer general U.S. work authorization, so the work eligibility of spouses and children should not be confused.

01. B-1 – Don't Confuse a Business Trip with an Employee Assignment

One of the most common questions from Korean companies expanding into the U.S. is, "how much work can actually be done on a B-1?" B-1 is not a work visa for general employment or labor in the United States.

Activities generally considered permissible

• Meetings with business partners

• Contract negotiations

• Business consultations

• Market research

• Attending trade shows, seminars, or conferences

• Reviewing investment opportunities

• Technical training that meets certain requirements

• Installation, servicing, or training for industrial equipment that meets certain requirements

In particular, when a foreign company installs or services industrial equipment it sold to a U.S. customer, or trains U.S. personnel on that equipment, B-1 may be considered if specific requirements — such as contract terms, the applicant's specialized expertise, and the source of compensation — are met. On the other hand, performing general production, construction, or operational work at a U.S. site can fall outside the scope of B-1.

A company sending Korean technicians to install factory equipment or set up a production line should not assume that "it's just a short trip, so B-1 will do."

02. L-1 vs. E-2 Employee

1) L-1 May Be More Suitable When

• The Korean parent company is operating normally

• There is a clear qualifying relationship between the Korean and U.S. companies

• The employee has the required work experience at the Korean related company

• The role to be performed in the U.S. is executive, managerial, or specialized-knowledge work

• The company is considering a long-term multinational executive/manager structure

2) E-2 Employee May Be More Suitable When

• The U.S. company's ownership structure meets the E-2 nationality requirement

• The employee and the company share the same treaty-country nationality

• The employee is an executive or manager, or has expertise essential to the company's operations

• An assignment structure other than H-1B's education-centered requirements is needed

In practice, companies do not necessarily rely on only one of L-1 or E-2 — they may use several visa categories together depending on each employee's position and experience.

The exact documents required vary by application type and company circumstances, but what matters most in a visa petition is not the sheer volume of paperwork — it's whether the company's structure and the need to assign this particular employee to the U.S. are explained consistently.

A common problem is that companies incorporate in the U.S. and start operations first, then only later begin considering visas when it's time to send an employee.

Because the U.S. entity's ownership structure, its relationship with the Korean parent, investment and business premises, and organizational chart can all be important requirements depending on the visa category, it's advisable to consider the visa structure together with the company structure from the incorporation stage if an assignment is planned.

Companies for Which Advance Planning Is Especially Important

• Companies entering the U.S. market for the first time

• Companies establishing U.S. factories or production facilities

• Companies sending a large number of Korean technicians

• Companies that have newly acquired a U.S. entity

• Companies with a complex ownership relationship between the Korean and U.S. entities

• Companies planning to send multiple employees in sequence

The visa is for employees who share the nationality of the E-2 investor company and who either work in an executive or supervisory role or hold special skills essential to running the business. Those skills must be expertise that is not readily available in the U.S., so how the job description is documented weighs heavily on the outcome.

Generally no. The employer must hold at least 50% ownership, share the employee’s nationality, and be in E-2 status or able to convert to it at any time, which is why a permanent resident cannot sponsor an E-2 employee visa. The employer must also show the financial ability to pay the new employee and an operating business that can use their experience and skills.

Unlike H-1B, the E-2 employee visa is not subject to a cap or a degree requirement, so it can be filed at any time. And unlike the E-2 investor, the employee is not required to make an investment of their own.

Yes. The spouse can apply for a Social Security number and a work permit, and children under 21 can attend public school, which substantially reduces education costs.

Yes. Unlike the E-2 investor, an employee can apply for permanent residence through employment-based immigration with the E-2 employer as sponsor. Once permanent residence is obtained, paths that are constrained on a visa status, such as a child entering medical or dental school, also open up.

DaeYang reviews the assigned role together with the visa category that fits it, and confirms that both the employer requirements and the employee requirements are satisfied before filing. The same team continues with renewal timing after the assignment and with the transition to permanent residence.