To petition for L-1A beneficiaries, employers must be able to show a qualifying relationship between the U.S-based employer and the employee’s foreign employer. This means that both of these employers must be either the same organization, such as a U.S. company with a foreign office, or related organizations, such as a “parent and subsidiary” or affiliate organizations.
The definition of a subsidiary is complicated under the statute, but it all comes down to the relationship between ownership and control. Affiliated organizations must be “bound to one another by substantial, but not necessarily majority, ownership of shares”. And in addition to ownership, considerations of management and control are also important.
Foreign employers who intend to send an employee to the U.S. to open a new office must demonstrate that:
Ultimately, any organization with existing or planned multinational operations is likely to have a complicated business structure, which will need to be accounted for in the application process. This makes hiring a business immigration lawyer worth considering.
By law, Canadian citizens are exempt from certain L-1 visa requirements. Canadian citizens may instead present a completed Form I-129 and its supporting documentation to the U.S. Customs and Border Protection (CBP) officers at certain U.S ports of entry or even at a U.S. pre-flight inspection station in Canada to seek admission into the U.S. under the L-1 status.
Reach out to us for any questions on specific U.S. immigration laws, U.S. immigration forms, citizenship applications,
U.S. work visas, or any other aspect of immigration law.
The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
