The foreign company is controlled by a trust. Can it still qualify for L-1?

Yes. A foreign company controlled by a trust can still serve as the basis for an L-1, as long as the structure clearly shows how control is effectively exercised and how the qualifying corporate relationship between the overseas entity and the branch or subsidiary in the United States is established.

The L-1 requires a clear ownership or control link between the entities to allow the transfer of executives, managers, or specialized knowledge workers. When control runs through a trust, USCIS typically looks closely at who actually controls the company and how decisions are made, precisely to confirm that link.

• The key point is demonstrating control and equity participation in an unambiguous way.
• Trust governance, beneficiaries, and decision-making authority are all part of the analysis.
• Ambiguous structures that leave control unclear tend to raise questions.

Since every trust arrangement is unique, it is worth organizing the documentation that shows the chain of control and verifying the current requirements with USCIS, ideally with the support of a specialist, before filing.

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.