Can a company exercise control through a trust for the L-1?

In principle, yes. The L-1 visa requires the existence of a control relationship between the foreign company and the U.S. company, and that control can, in principle, be exercised through a trust, provided it is clear who holds decision-making authority in practice.

Control, in this context, means the capacity to direct the policies, operations, and management of the business. When it is structured through a trust, the analysis becomes more complex: it must be demonstrated that the trustees hold unequivocal authority over strategic and operational decisions, supported by transparent and well-documented instruments.

USCIS evaluates each case individually. Factors such as the language of the trust instruments, the identity of the trustees, their relationship to the beneficiaries, and how business decisions are made all carry weight.

Because this structure is susceptible to scrutiny, it is advisable to build the documentation with expert support and confirm updated requirements with USCIS before filing, ensuring that ownership and control are demonstrated clearly.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.