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Can the company be a 50/50 joint venture and still qualify for L-1?

A 50/50 joint venture can provide a path to the L-1, but the challenge is proving control: with equal participation, the governance structure must show who directs the U.S. operation.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 17, 2026
1 min read
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Yes, but the structure requires careful attention. The L-1 depends on a qualifying corporate relationship between the foreign company and the U.S. operation, and that relationship must involve control: one entity must be able to direct the activity of the other.

In parent-subsidiary arrangements this is usually straightforward, because one company holds decision-making authority over the other. In a 50/50 joint venture, with equal participation between the parties, it becomes harder to demonstrate that one of them exercises sufficient control over the U.S. operation to satisfy immigration requirements.

For this reason, the joint venture’s governance structure carries significant weight in the analysis: the operating agreement, the management structure, and the allocation of responsibilities all help show whether a clear, centralized coordination exists. If there are elements demonstrating that one entity effectively directs the U.S. operation, it is possible to support the petition.

Because the assessment is case by case and relies on robust documentation, the recommended path is to verify the current requirements with USCIS and build the structure and supporting evidence together with an immigration specialist before filing.

Learn more about L-1

Type
Intracompany transfer
Duration
1-3 years
Extension
Up to 5-7 years
Processing
2-5 months
All about L-1

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.

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Can the company be a 50/50 joint venture and still qualify for L-1?

A 50/50 joint venture can provide a path to the L-1, but the challenge is proving control: with equal participation, the governance structure must show who directs the U.S. operation.

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