In order to apply for the L-1A visa or L-1B visa, the petitioning organization must have a "qualifying relationship" with a foreign entity. Similarly, the employee being petitioned for must have a qualifying relationship with the foreign entity. This article will go over both of these qualifying relationships and what the requirements are.

L-1 Visa Qualifying Relationship

The relationship between the U.S. entity and the foreign entity must be that of either a parent, branch, subsidiary, or affiliate. When determining these relationships, USCIS will look to both the ownership and control that the foreign entity has over the U.S. organization.

Parent - A parent relationship for U.S. immigration visa purposes is one in which the foreign entity owns more than 50 percent of the U.S. entity and is a majority owner of the entity.

Branch - A branch is an operating division or office of the foreign organization which is situated in a different location. This structure is essentially a foreign entity doing business in the United States. A U.S. branch is not a separate business entity.

Subsidiary - A subsidiary is an entity of which the foreign company owns, either directly or indirectly, more than half of the entity and controls the entity. Alternatively, a subsidiary relationship can be found in a situation where the foreign company owns 50 percent of a joint venture and has equal control and power over the entity as the other party. In situations where the foreign entity has less than 50% ownership of a U.S. company, a subsidiary relationship may still be found if it can be proven that the foreign entity has actual control over the U.S. operation, depending on the corporate structure of the U.S. operation.

Affiliate - An affiliate is either one of two subsidiaries, of which both are owned and controlled by either the same individual or same group of individuals in roughly the same proportion.

Contractual relationships are generally not strong enough to establish a qualifying relationship for U.S. immigration visa purposes.

L-1 Visa Employee Qualifying Relationships

L-1A Visa Managerial or Executive Applicants

L-1A visa beneficiaries must hold an executive or managerial role. However, first-line supervisors are typically not considered managers for L-1A visa applications unless the employees they supervise are professionals.  Per USCIS policy, a managerial or executive role is one in which the beneficiary has the following responsibilities:

• Exercises discretion and has decision-making authority over daily business operations and functions
• Supervises and controls the work of other supervisory, professional or managerial employees
• Possesses authority to hire, fire or pursue other personnel actions, and
• Manages the organization, department, subdivision, function, or manages an essential element within an organization or department of the organization.

An executive is one who:

• Determines organization goals and policies,
• Has far-reaching authority to make decisions,
• Directs an organization or function, and
• Receives only general supervision or direction from higher executives.

Companies and prospective L-1A visa beneficiary positions meet these requirements. This can be done by comparing the alien's job duties and comparing to the above-mentioned requirements.

L-1B Visa Specialized Knowledge Employees

In order to establish that an employee is eligible for the L-1B visa, petitioning companies need to show that the employee has specialized knowledge about that company. This specialized knowledge can include information about the company's products or services, and should show that the employee's travel to the U.S. would be to impart that knowledge onto the U.S. entity's operations. Alternatively, an individual with specialized knowledge may be found to have a qualifying relationship if sent to the U.S to establish a new office.

These types of employees must be more than simply skilled or familiar with the petitioning company. Rather, they must possess specialized knowledge of the company that is more than ordinary and not common within the industry. Multiple areas may fall under this section, and they include information about the company's products, services, equipment, techniques, research, management, interests or application of any of the above in foreign markets.

Contact Pratt, Mong & Lee Houston Immigration Attorneys for all your L-1A or L-1B visa application needs.