Legal Question in Immigration Law in Illinois

My company is planning to apply for the L-1 A visa. Currently I am partner in company with 49 % shares. The other two partners have 49% and 2 % shares each.

I will be the person who will apply for the I-129.

Does my current shareholding meet the requirements for the L 1 visa ?

If I had majority shares, 51 % then would i qualify ?

And if I had highest shares 49 % followed by other two having 48 % and 3 % then would i qualify ?

Thanks


Asked on 9/02/13, 2:52 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The percentage of the corporation that you personally own is not necessarily relevant to an L-1A visa, other than the fact that there will be more scrutiny placed upon proving your "non-immigrant intent".

The U.S. & foreign companies must show common ownership between the two, in order to prove that foreign company is the "parent, branch, affiliate or subsidiary" of the U.S. company. So, if you owned 50% of each company, for instance, that could prove common ownership. Or, if the same people owned both companies, that also could prove common ownership, for example.

I recommend that you seek representation in filing an L-1A matter & not attempt to do it yourself.

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Answered on 9/02/13, 7:33 am


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