Can Chinese Citizens Successfully Transfer to the U.S. After Registering a Company? Analyzing Challenges and Opportunities in Cross-border Operations

Can Chinese Citizens Successfully Transfer Employees to the U.S. After Company Registration? A Detailed Analysis of the Challenges and Opportunities in Modern Business

In today’s increasingly globalized world, more and more Chinese entrepreneurs are choosing to expand their businesses into overseas markets, especially the United States-the world’s largest economy. For many Chinese investors, registering a company in the U.S. marks the first step toward internationalization. However, completing the registration process does not guarantee smooth operations. A pressing concern for many businesses is how to legally and effectively transfer Chinese employees to work in the U.S.

1. The Difference Between Company Registration and Employee Transfer

It is important to distinguish between registering a company and transferring employees-two separate legal processes. Registering a company in the U.S. grants the business the right to operate locally, but it does not automatically authorize the transfer of Chinese employees to the U.S. Transferring employees involves compliance with U.S. immigration laws, labor regulations, and visa policies.

According to the U.S. Citizenship and Immigration Services USCIS, foreign companies seeking to transfer employees to the U.S. typically need to apply for either an L-1 visa for intracompany transferees or an H-1B visa for specialty occupation workers. The L-1 visa is specifically designed for executives, managers, or employees with specialized knowledge, and requires a valid employer-employee relationship between the U.S. entity and the overseas parent company.

2. L-1 Visa The Main Pathway for Transferring Chinese Employees

The L-1 visa is currently one of the most commonly used options for Chinese companies transferring employees to the U.S. It is divided into two categories

L-1A for executives or managers

L-1B for employees with specialized knowledge

To qualify for an L-1 visa, the following conditions must be met

1. Clear corporate relationship The U.S. company must have a legitimate relationship with the overseas parent company e.g., parent, branch, subsidiary, or affiliate.

2. One year of continuous employment abroad The employee must have worked for the overseas entity for at least one continuous year in the past three years.

3. Similar or related job duties in the U.S. The employee’s role in the U.S. should align with their previous responsibilities abroad.

Data from 2025 shows a steady increase in L-1 visa applications, particularly in the technology, manufacturing, and consulting sectors. However, USCIS has tightened its scrutiny, especially regarding the verification of actual business operations and the necessity of employee transfers. Some applications have been denied due to small company size, unclear job responsibilities, or lack of genuine employer-employee relationships.

3. Other Visa Options and Applicable Scenarios

In addition to the L-1 visa, the H-1B visa is another common option, especially for technical roles. However, the H-1B application process is more complex and subject to annual caps. The 2025 H-1B lottery has already concluded, with fierce competition and a selection rate of less than 20%.

Another option is the E-2 Treaty Investor Visa, which is available to certain Chinese investors. While the E-2 visa does not directly allow for employee transfers, it permits the investor to legally operate a business in the U.S. and hire local employees. This is a viable path for companies planning long-term operations in the U.S.

4. Recent Policy Changes and Industry Trends

In recent years, the U.S. has increased scrutiny on foreign companies and employees, especially in high-tech sectors such as artificial intelligence and biotechnology. In 2025, the U.S. Department of Homeland Security DHS introduced new regulations that strengthen background checks and verify the authenticity of cross-border business operations.

Despite these stricter measures, the U.S. government also recognizes the importance of attracting global talent for innovation and economic growth. In early 2025, the U.S. Department of State announced plans to expand visa adjudication authority and streamline certain processes to improve efficiency. These changes represent a positive development for Chinese companies seeking to transfer employees to the U.S.

5. Strategic Recommendations for Chinese Companies

Given the complex visa landscape and evolving regulatory environment, Chinese companies looking to register in the U.S. and transfer employees should consider the following strategies

1. Plan the visa path early From the outset of company formation, consider whether employee transfers will be necessary and structure the business accordingly to demonstrate genuine cross-border operations.

2. Ensure legal compliance Maintain accurate financial records, employee files, and business documentation for both the U.S. entity and the Chinese parent company to withstand USCIS scrutiny.

3. Seek professional legal support Visa applications involve complex legal procedures. Hiring an experienced immigration attorney can help avoid rejections due to incomplete documentation or procedural errors.

4. Explore local hiring options When immediate employee transfers are not feasible, prioritize hiring local talent in the U.S. to build an operational team and lay the groundwork for future transfers.

6. Conclusion

Whether Chinese entrepreneurs can successfully transfer employees to the U.S. after company registration depends on various factors, including company structure, employee qualifications, and alignment with current visa policies. While the current environment presents significant challenges, it also offers substantial opportunities. As the global business landscape continues to evolve, U.S.-China commercial ties are expected to deepen further. For forward-thinking entrepreneurs, staying informed about policy developments, ensuring corporate compliance, and strategically planning workforce arrangements are essential to achieving success in cross-border operations.