An L-1 strategy requires a qualifying relationship between the foreign and U.S. businesses and qualifying employment history. Ownership or a management title alone does not establish the required executive, managerial, or specialized-knowledge role.
An owner must still establish a qualifying role
- Document the qualifying relationship between the foreign and U.S. entities.
- Establish the required qualifying foreign employment history.
- Explain the actual duties abroad and in the proposed U.S. position.
- For a new office, show how the operation can support the qualifying role under the applicable rules.
Relevant guidance: USCIS L 1A intracompany transferees.
Document the relationship between the businesses
Gather ownership records, corporate documents, and evidence that the relevant entities are doing business. Explain any restructuring, shared owners, or intermediate entities. The organizational relationship should be clear from reliable records.
For an L-1A case, the foreign employment and proposed U.S. role must fit the applicable executive or managerial standards. The ordinary framework includes qualifying employment abroad for one continuous year within the relevant preceding three-year period, subject to applicable rules.
Show what the person actually does
Prepare detailed duties, organizational charts, reporting lines, and information about staff or functions managed. Explain how operational work is performed and how the proposed role differs from personally doing most day-to-day production or service work.
A small business can require careful factual analysis. A title such as chief executive does not resolve whether the duties satisfy the classification. Describe the business honestly and support the staffing and growth plan with evidence.
Treat a new office as a distinct planning problem
A new U.S. operation needs realistic premises, finances, business activity, and a credible plan for the qualifying role. Review the specific requirements and the later evidence needed to sustain the classification.
Coordinate the immigration plan with company formation, contracts, payroll, and the employee's family and travel needs. An approved temporary classification does not automatically establish eligibility for an employment-based green card.
For intake, bring corporate ownership records, the foreign employment history, both role descriptions, financial records, and the U.S. business plan. Counsel can then assess the category against the actual structure.
Frequently asked questions
Does owning both companies guarantee L-1 eligibility?
No. The corporate relationship, employment history, duties, and other requirements must all be established.
Is L-1A approval the same as an EB-1C green card?
No. Those are separate classifications with their own requirements and evidence.
Related legal services
Learn about Business and Employment Immigration.
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Sources and further reading
The information on this website is for general informational purposes only and is not legal advice. Viewing this website, submitting a form, calling our office, or sending us information does not create an attorney-client relationship with Ehsan Law, PLLC. An attorney-client relationship is created only after Ehsan Law, PLLC agrees to represent you and both sides sign a written agreement. Past results do not guarantee future outcomes. Every case depends on its own facts, evidence, deadlines, and applicable law.
