Does Your Company Qualify for L1 Visa?
A San Jose Immigration Lawyer Considers Company Requirements
From my immigration law office in the San Jose area, I work with many companies throughout the U.S. on the L1 visa process. Often when we discuss the L 1 in this blog, the focus is on the individuals who may apply for these visas. Here is a consideration of what is needed for a company to meet the requirements of a L1 visa.
Are the Foreign and U.S. Companies the Same?
The US company and foreign employer must demonstrate that they are “related” (Our L1visa article outlines the qualifying relationship requirements).
In order for a company to be considered able to sponsor a L1 visa petition, the USCIS will also evaluate the following criteria: business must be conducted and transacted by the company in both countries; there must be a continuous output of goods or provision of services. International trade is not a requirement, thus each entity may be conducting business exclusively within the country they are located; business must be ongoing in the U.S. for the entire time that the L1 visa holder is in the country; also, business should be ongoing in the foreign land for the entire time that the L1 visa holder is in the U.S.
Are You Eligible to Sponsor L1 Visa Applications?
Whether the parent company is in the U.S. or a foreign country does not matter. In order to be considered a parent company, it must exercise control of the subsidiary or legally related organization in the other country. There are various other criteria related to companies qualifying for L1 visas. From my immigration law office in San Jose, I work with a good number of companies in ensuring that they meet the proper criteria.
Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L1 visas or immigration law.
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