There are often situations in which a foreign employer wants to transfer one of their employees to a company in the United States. However, in order to do so, the foreign company and the company based in the United States must have a “qualifying relationship.” This simply means that the L-1 visa petitioner must show that the foreign employer and the U.S. employer fall into one of the following relationship categories:
- The same employer, meaning that it is a foreign branch of a U.S. based company or vice versa
- The companies are a parent and a subsidiary
- The companies are affiliates with one in control over the other
One of the ways in which the USCIS determines the existence of a qualifying relationship is through proxy votes that are obtained when one or more equity holders legally obtains control over the other company. This is where the USCIS’ recent clarification of policy comes in. It simply states that in situations that rely on proxy votes to determine control, the petitioner must prove that the “proxy votes are irrevocable from the time of filing through the time USCIS adjudicates the petition.” In addition, the petitioner must provide evidence that this relationship will remain in place throughout the period of approval that they requested.
If you have questions about an L-1 petition, contact our firm today.
The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.
