Is it possible to apply for an L-1 based on a franchise agreement?

The L-1 visa is intended for executives, managers, or professionals with specialized knowledge who are transferred from a foreign company to a related entity (such as a branch, subsidiary, or affiliate) in the United States. This transfer must occur within the same corporate structure, which means there must be a legally established and proven relationship between the foreign company and the U.S. entity.

In the case of a franchise agreement, the relationship is typically based on a commercial contract between two independent entities, where the franchisor grants the franchisee the right to operate using its brand and business model. However, this contractual tie does not necessarily create the control or ownership structure that characterizes a direct corporate relationship, which is an essential requirement for the L-1 visa.

In exceptional situations, there may be pathways that meet the L-1 criteria if there is an organization that actually has an ownership or control structure shared between the foreign business and the U.S. entity. Nonetheless, the typical franchise setup is unlikely to meet the corporate affiliation requirements demanded by U.S. immigration law.

It is crucial to remember that these rules are quite specific and the interpretation of each case may vary. Therefore, it is highly recommended to seek detailed information and a case-specific analysis from specialized professionals to ensure all legal requirements are met. This caution helps to avoid problems and pitfalls, especially in the context of unfounded promises or marketing approaches that guarantee immediate results.

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.