Eligibility for Overseas Firms to File an L-1 Visa Application | International Consulting Services (ICS)

For overseas firms (non-U.S. companies) to be eligible to file an L-1 visa application for their executive, manager, or specialized knowledge employee, there must be a qualifying relationship between the foreign firm and the U.S. business. This relationship is essential to ensure that the U.S. firm is part of the same corporate structure, and the employee will be transferred within the same company or to a related business entity.

At International Consulting Services (ICS), we guide businesses through the eligibility requirements and application process for the L-1 visa, ensuring compliance with U.S. immigration law.

Key Requirements for L-1 Visa Eligibility for Overseas Firms

To be eligible to file an L-1 visa application, the overseas firm (the foreign employer) and the U.S. firm (the petitioning employer) must meet the following criteria:

Qualifying Relationship Between the Companies:
The foreign firm (employer) must have a specific organizational relationship with the U.S. firm. This includes one of the following:
- Parent-Subsidiary Relationship: The U.S. company must be either the parent or subsidiary of the overseas firm.
- Affiliates: The overseas firm and the U.S. firm are affiliates, generally meaning they share a common parent company or a group of owners with equal shares in both entities.
- Branch Office: If the overseas company operates as a branch of the U.S. company, it is eligible for L-1 visa processing.
- Joint Venture: The companies can be considered affiliates if they have a joint venture structure where they share ownership and control.
Business Control and Ownership:
The U.S. firm must exercise control or own at least 50% of the foreign company or have significant control over the business. The USCIS recognizes the following types of business structures for the L-1 visa:
- Parent Company Ownership: The U.S. company owns at least 50% of the foreign company, either directly or indirectly.
- 50-50 Joint Ventures: The U.S. firm may be involved in a 50-50 joint venture where both companies share equal ownership and decision-making control.
- Affiliates: A subsidiary or affiliate business can be eligible, especially when both the foreign and U.S. companies are owned by the same group of people.
Business Locations:
- Branch: If the U.S. company has a branch in the foreign country (or vice versa), the U.S. company is eligible to file an L-1 visa for the employee.

Types of L-1 Visas Available

L-1A Visa for Executives and Managers: The L-1A visa is for individuals holding managerial or executive roles. It allows the individual to establish or oversee the operations of a U.S. branch or subsidiary. This visa can be extended for up to 7 years.
L-1B Visa for Specialized Knowledge Workers: This visa is for employees with specialized knowledge related to the company’s operations. It allows the employee to transfer to a U.S. branch or affiliate.

Steps to File for an L-1 Visa

Petition Filing (Form I-129): The U.S. firm must submit a Form I-129 (Petition for a Nonimmigrant Worker) to USCIS on behalf of the employee. This petition outlines the relationship between the foreign and U.S. entities and the employee’s role.
L-1 Visa Application: Once the petition is approved, the employee applies for the L-1 visa at a U.S. Consulate or Embassy in their home country.
Approval and Entry: After visa approval, the employee can enter the U.S. to begin their role in managing or establishing the U.S. office or branch.
Extensions and Transition to EB-1C Green Card: The L-1A visa can be extended for up to 7 years. After 1 year of U.S. operations, the employee may transition to a Green Card under the EB-1C category for multinational executives and managers.

Why Choose International Consulting Services (ICS)?

At ICS, we specialize in helping businesses successfully navigate the L-1 visa application process. Our experienced team ensures that your business meets all necessary requirements and provides complete support from petition filing to visa approval.

Our Services Include:

Eligibility Assessments: We evaluate the relationship between your overseas and U.S. companies to determine eligibility.
Documentation and Petition Filing: We assist with gathering the necessary documents and filing the Form I-129 petition with USCIS.
Visa Application Support: We provide step-by-step guidance in applying for the L-1 visa at the U.S. Consulate or Embassy.
Post-Approval Assistance: We assist with visa extensions and transition to a Green Card if applicable.

Contact International Consulting Services (ICS)

For more information about the L-1 Visa and to check if your overseas firm qualifies to file for it, contact us today:

Phone: +92 333 0172827
Email: internationals771@gmail.com
Website: International Consulting Services

Take the first step toward expanding your business in the U.S. with ICS‘s expert guidance on L-1 visas.