When a U.S. company petitions to bring an employee from a foreign affiliate under the L-1 visa program, it must demonstrate a “qualifying relationship.” This means the U.S. company operates as a parent, branch, subsidiary, or affiliate of the foreign firm.

Central to this requirement is ownership and control. Typically, a company must show it owns more than 50% of the foreign entity or has the authority to control it. Even when formal ownership is less, control may be established through voting agreements, board authority, or management rights.

Supporting documentation is key. Common evidence includes articles of incorporation or formation, bylaws or operating agreements, stock certificates or ledgers, organizational charts, corporate resolutions, and shareholder or board meeting minutes. In some cases, audited financial statements or annual reports may further support the relationship.

Contractual or licensing agreements alone, such as franchises or joint ventures without shared ownership, do not meet L-1 requirements.

Clear evidence of ownership or control is essential for a successful L-1 petition. If you have questions about your L-1 eligibility or need help preparing the required documentation, contact us at 703-348-1663. Our team can guide you through the process and help ensure your petition meets all requirements.

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