When sponsoring an L-1 visa, there is no restriction on the type of business that can be a sponsor. Corporations, LLCs, government-owned entities, non-profits, and charitable organizations can all be sponsors. There is no requirement that the company be U.S.-owned or incorporated. There are several business entities that may qualify. As long as these entities meet the definition of a “qualified organization,” the foreign national will be granted temporary, nonimmigrant work status in the United States.
A branch is an operating division of the same organization that is located in a different place. They are different operating locations of the same company. A multi-national corporation will have branches in different countries. A foreign company with a branch in the United States qualifies for an L-1 visa, as does a U.S. company with a foreign branch.
A subsidiary is a firm, corporation, or other legal entity, where a parent company owns, directly or indirectly, more than half of the entity or controls the entity. A parent could also own 50 percent of a 50-50 partnership joint venture and have equal control. In addition, a parent could have less than 50 percent ownership but have control.
A parent is a firm, corporation, or other entity that has subsidiaries.
An affiliate can be one of a number of things. It can be one of two subsidiaries controlled by the same parent. It can be one of two legal entities owned and controlled by the same group of individuals. There are other types of affiliates that are very rarely used.
The worker that is the subject of the L-1 petition does not need to be employed directly by the sponsor. They can be paid through a personnel services agency or an independent consultant. However, the sponsor must have control and management over the worker during the qualifying year of the visa.
If your business is looking to sponsor an L-1 petition, you should consult with an experienced immigration attorney. At Serving Immigrants, Inc., we have the experience and the knowledge to guide you through the application process. Contact us online or call us at (305) 907-6151 to schedule a strategy session.