|Can A Qualifying Company for L1 Visa Application Be a Partnership?|
A U.S. company in partnership wants to apply for L1 visa for me. Can the qualifying company for L1 visa application be in the form of partnership? or it has to be a corporation?
The U.S. immigration regulations permit entities other than a corporation to serve as a qualifying company for L1 visa petitioner. The partnerships and even sole proprietorships can serve as qualifying companies for L1 visa petition purposes. In a non-corporate case, it is important to establish that the employing company is a separate entity from the employee being transferred from a foreign country.
In the case of a larger, well-established company which operates in a legal form other than a corporation, the L1 visa may be still available, but there will be a heavier burden of proof to establish the separate business and economic identity of the company.
In either case of corporation or non-corporation, the prior employer or foreign company must be related to the U.S. company or partnership/sole proprietorship, either as a subsidiary, affiliate or division. In most cases, the relationship must be documented and provided to USCIS. The documentation of the corporation relationship may not need to be documented in the case of large, well-known multinational corporations.
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