USCIS has issued an updated policy guidance clarifying that if proxy votes are a determining factor in establishing control of a company in an L-1 visa petition, then the proxy vote must be irrevocable to establish the requisite control of the company for L-1 purposes.
Background
The L-1 intra-company transferee visa allows transfer of an executive, manager, or a professional employee with specialized knowledge, of an international company, to a parent, branch, affiliate or subsidiary in the U.S. To qualify for the L-1 visa, the employer must prove that a qualifying relationship exists between the foreign employer and the U.S. company at the time the L-1 petition is filed, by establishing the ownership and control of the respective entities, and showing that either the two companies are the same employer, or the companies are related as a parent, subsidiary, or affiliate company.
New Policy Guidance
Under the new policy guidance issued by USCIS, if the petitioner seeks to establish control based on the use of proxy votes for an L-1 visa, the petitioner must show that the proxy votes are irrevocable from the time of filing of the L-1 petition, through the time USCIS adjudicates the petition, along with evidence the relationship will continue during the approval period requested. The updated policy does not change the requirement for petitioners to file an amended petition when the ownership or control of the organization changes after its original L-1 petition was approved.
If you have any questions regarding the L-1 visa classification, or need any assistance in filing an L-1 petition, please Contact VisaPro immediately. Our experienced attorneys will be happy to assist you.
Mitesh Bohra, Co-founder & President, InfoBeans, Inc
