The L-1A visa is a non-immigrant visa category for multinational companies to transfer qualified employees from a foreign company to a U.S.-based office in an executive or managerial capacity. There are two key relationships that can exist between the foreign company and the U.S. company to qualify for an the L-1A visa: the parent-subsidy relationship and the affiliated relationship.
- Parent-Subsidiary Relationship:
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- Requirements for Foreign Company as Parent:
- The foreign company must have a direct and controlling ownership relationship with the U.S. company, establishing it as the parent company.
- The foreign company should maintain its legal existence and be actively conducting business in its home country.
- The foreign company must have the capacity to transfer an executive or managerial employee to theS. subsidiary.
- Requirements for U.S. Company as Subsidiary:
- The U.S. company must be a subsidiary of the foreign company, meaning that the foreign company hold s a significant percentage of ownership .
- The U.S. subsidiary should be actively engaged in business operations.
- The U.S. subsidiary must have the capacity to employ an executive or managerial transferee.
- Example with Percentages:
- A common scenario is a foreign company owning at least 50% or more of the subsidiary. This demonstrates a controlling interest, ensuring a clear parent-subsidiary relationship.
- Reversed Company Relationship:
- The company relationship can also be established with the U.S. company as parent and the foreign company as subsidiary.
- Requirements for Foreign Company as Parent:
- Affiliated Relationship:
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- Requirements for Foreign Company:
- The foreign company and the U.S. compan y must be affiliated entities with a common parent company or common individual ownership.
- The foreign company should remain in active business in its home country.
- Requirements for U.S. Company:
- The U.S. company must be affiliated with the foreign company through a common parent company or common individual ownership.
- Both the foreign and U.S. companies must be actively engaged in business operations.
- The U.S. company must be capable of employing and supporting an executive or managerial transferee.
- Example with Percentages:
- An example of an affiliated relationship is where a common parent company owns a significant percentage of both the foreign and U.S. companies, but there may not be a direct subsidiary relationship.
- In the case of individual owners, a majority of individual owners must own at least 50% of both companies in relatively similar percentages.
- Ownership percentages could vary, but a substantial ownership stake is typically required to establish the necessary affiliation.
- Requirements for Foreign Company:
Specific ownership percentages may vary, and there is no strict requirement set by U.S. Citizenship and Immigration Services (“USCIS”). However, demonstrating a clear and substantial control or affiliation is crucial for a successful L-1A visa petition and application. Consulting with an immigration attorney can provide tailored advice based on the unique circumstances of each case.
For more information, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.
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