Is the foreign company controlled by a trust? Does it still qualify for the L-1?

The L-1 visa is intended for companies that have a qualified relationship between their operations abroad and in the United States, allowing the transfer of executives, managers, or professionals with specialized knowledge. This modality requires that the corporate structure be clear and that there be effective proof of control and the connection between the foreign and U.S. entities.

In the case where the foreign company is controlled by a trust, it is essential to analyze how this structure is organized. USCIS, the agency responsible for reviewing visa applications, generally requires that control and ownership participation be well defined between the companies, in order to prove the relationship between the foreign company and the U.S. branch or subsidiary.

If the trust structure does not make clear how control is effectively exercised, or if it creates doubts about the required corporate connection, this may bring complications in the evaluation of the case for the L-1 visa. Therefore, a detailed analysis is used to verify whether the participation and control exercised via a trust meet the necessary legal criteria.

Each situation is unique, and factors such as the governance of the trust, the identity of the beneficiaries, and how decisions are made directly influence eligibility for the L-1. For this reason, it is essential to seek in-depth information and, if possible, consult specialists who can guide on the best way to structure the relationship between the entities, meeting the requirements of the United States Citizenship and Immigration Services (USCIS).

Always remember the importance of following all immigration laws and exercising caution with any offer or campaign that promises miraculous solutions. A careful evaluation of each case and the support of specialized professionals help avoid future problems and keep the process in compliance with current 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.