Can the company be a 50/50 joint venture and still have an L-1 visa?

The L-1 visa is a valuable tool for companies that wish to transfer executives, managers, or employees with specialized knowledge to the United States, facilitating mobility within the same organization. However, this benefit depends on the existence of a qualified corporate relationship between the foreign entity and the American branch or subsidiary.

In the case of a joint venture formed under a 50/50 regime, the analysis for an L-1 visa can become more complex. This is because, for the L-1 to be granted, it is necessary to prove that there is a hierarchical and control relationship between the foreign company and the U.S. operation. This relationship is generally clearer in structures such as parent company and branch, where a single entity holds decision-making power over the other.

In an equal joint venture, where both parties have equivalent participation, it may be challenging to demonstrate that one of the companies exercises sufficient control over the American operation to meet the criteria required by immigration authorities. Each case has its particularities, and the governance structure of the joint venture – such as the operating agreement, the form of management, and the distribution of responsibilities – will be fundamental in the analysis.

If there are elements that show centralized and clear coordination, so that one of the entities can effectively direct the activity in the United States, it may be possible to argue based on the L-1 visa requirements. However, this evaluation is quite detailed and depends on robust documents that prove the travel and the effective control relationship between the parties involved.

It is essential to note that U.S. immigration laws are rigorously enforced. It is always advisable to seek guidance from immigration specialists and avoid offers that promise miraculous results or guarantee outcomes without proper legal foundation. In this way, you protect yourself from risks and ensure that all legal requirements are duly met during the process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.