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

When we think about the L-1 visa, which allows the transfer of key employees from an international company to a branch, subsidiary, or affiliate in the United States, it is essential to understand how the corporate structure can influence the demonstration of control required by the process. One frequently asked question is whether the company can have control through a trust to enable the L-1. In general terms, the L-1 visa requires that there is a direct control relationship between the foreign company and the company in the United States, where control is usually defined by the ability to direct the policies, operations, and management of the business (usually proven by ownership of at least 50% of the voting shares or by similar decision-making authority).

When control is exercised via a trust, the analysis becomes more complex, as it is necessary to clearly demonstrate who practically holds the company”s decision-making power. Thus, if a trust is established in such a way that the trustees have indisputable authority to conduct the strategic and operational decisions of the company, and if this structure is transparent and documented to evidence that effective control is aligned with the visa requirements, it may indeed be possible for the control to be considered valid for L-1 purposes.

However, it is important to emphasize that each case is evaluated individually by the United States Citizenship and Immigration Services (USCIS). Factors such as the wording of the trust instruments, the identity of the trustees, their relationship with the beneficiaries, and how decisions are made by the company must be very well documented and in accordance with legal standards. The complexity of this type of structure can lead to questions if there is no clear evidence that the ownership and control requirements demanded by USCIS are being met.

In view of this, it is emphasized how important it is to always act in compliance with United States immigration laws. It is recommended to seek specialized companies or professionals with proven experience, who can guide the organization and presentation of the necessary documentation, thus avoiding the risk of falling into misleading proposals or promises of quick results that do not reflect the reality of legal procedures.

In summary, although a trust can, in theory, be used to exercise control over a company and, consequently, meet the L-1 visa requirements, the key is to unequivocally prove these control elements. Each situation requires a detailed analysis and specialized guidance to ensure that all USCIS criteria are met, always maintaining compliance with current immigration legislation.

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.