The L-1A visa helps U.S. companies bring employees in executive and managerial positions from their foreign offices to work in the United States. However, not every business qualifies. The company must meet specific requirements to sponsor an L-1A visa:
- A recognized business structure
- An eligible corporate relationship with the foreign company
- Active business operations in the U.S. and a minimum of one other country
- Organizational capacity to support an executive or managerial position
- Financial stability to sustain operations and employee commitments
Comprehending these requirements helps you avoid wasted time and denied petitions. Immigration authorities examine these factors closely before approving any L-1A transfer.
What Companies Can Sponsor the L-1A Visa?
The U.S. employing firm must have an eligible corporate relationship with the company from abroad where you currently work. Immigration law recognizes four specific relationship types that make L-1A transfers possible.
1. Parent and Subsidiary
A parent company controls another company by having ownership of more than 50% of the voting stock. This ownership structure allows transfers in either direction. You can move from the parent company to the subsidiary, or from the subsidiary back to the parent.
2. Branch Office
A branch operates as part of the same firm in another location. The main company maintains direct control over all branch operations. However, the branch does not exist as a separate legal entity, which means it functions as an extension of the parent organization.
3. Affiliate Companies
Two companies become affiliates when they share common ownership or management control. One person or group must own both companies. Alternatively, a third party can control both organizations. These companies operate together across different countries, even though they remain separate business entities.
What Business Structures Qualify for L-1A Sponsorship?
Different types of business entities can petition for L-1A visas. Your company’s legal structure determines what documentation immigration authorities will require during the petition process.
1. Corporations
Corporations exist separately from their owners under the law. To be eligible to sponsor an L-1A visa, your corporation needs to:
- Be legally incorporated in the United States
- Prove the qualifying relationship with the foreign corporation
- Show active business operations in multiple countries
- Provide incorporation documents and shareholder information
- Prove organizational capacity for executive or managerial positions
Corporations must submit evidence of their legal status, including details about their incorporation, shareholders, and operational structure.
2. Limited Liability Companies
LLCs have the flexibility of a partnership as well as the liability protection of a corporation. An LLC must prove its international operations and qualifying relationship. Immigration authorities will examine operating agreements, member lists, and evidence of business activities in both the United States and the foreign country. The LLC structure must show clear decision-making authority and international operational capacity.
3. Partnerships
General and limited partnerships can sponsor L-1A visas when they establish qualifying relationships with foreign entities. Partnership agreements must detail each partner’s involvement, liability, and decision-making authority. The partnership structure must support international transfers of managerial personnel.
4. Other Business Structures
Cooperatives, trusts, and certain non-profit organizations may qualify for L-1A sponsorship, but they will be scrutinized more closely. They must demonstrate their international operations and corporate connections between U.S. and foreign offices with detailed documentation.
What About Sole Proprietorships?
A sole proprietorship cannot file a petition for its owner because it is not considered separate from the owner under immigration law. This creates a problem for sole proprietors who want to transfer themselves to the United States.
You must incorporate your business as a distinct legal entity before sponsoring yourself for an L-1A visa. That entity can then petition for your transfer.
However, when you have employees other than yourself, your sole proprietorship may file L-1A petitions for those workers. All standard requirements must still be satisfied, including the qualifying relationship between the U.S. and foreign entities.
What Business Operations Must You Maintain?
The sponsoring firm must be conducting active business in the U.S. and at least one other country throughout the L-1A visa period. “Doing business” means conducting actual commercial activity, namely, regularly, systematically, and continuously providing goods or services.
It is not enough to just have an office or agent present in each country. Authorities will look at the company’s actual business activities, so proof of the following must be provided:
- Ongoing commercial operations
- Regular transactions or service provision
- Continuous business activities during the visa holder’s stay
- Financial stability to support U.S. operations
The business must remain viable throughout your time in L-1A status. Starting operations and then stopping after one year will cause problems.
What Financial Requirements Must Your Company Meet?
Immigration authorities examine your company’s financial resources. They want to see if the company can support the executive or managerial position. This requirement is meant to show that your employer can sustain operations and fulfill obligations to you throughout your L-1A visa period.
The company must show it possesses adequate resources to:
- Maintain business operations without risk of failure
- Support your salary and position requirements
- Sustain long-term business activities and employee commitments
- House your executive or managerial role appropriately
How Pride Immigration Can Help with Your L-1A Visa
Meeting L-1A visa requirements involves complex corporate relationships and detailed financial documentation. Each case has distinct facts and circumstances that need careful analysis. Your situation may require additional documentation.
Pride Immigration’s team has vast experience assisting businesses and employees manage L-1A petitions. Our team knows how to document your qualifying corporate relationships and present your case effectively to immigration authorities.
Contact us today at (703) 594-4040 or online to discuss your company’s L-1A sponsorship eligibility and make sure your petition meets all requirements for approval.
Beeraj Patel, Esq.
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