Q: Is this qualifying relationship between two companies? Question around L1B visa
My question is around L1B US visa. I want to know if the below counts as qualifying relationship between the two companies in terms of sponsoring an L1B visa: There is a company group, let's call them BM Group. It has subsidiaries, two of them are R Group and BM Education Group. If I worked at Company R, which is a subsidiary of R Group (left 9 month ago, I used to work there for 62 consecutive months), can I be offered an L1B visa from Company S, which is a US subsidiary of BM Education Group? The two companies do not do business directly with each other, but are part of the same company group and BM Group is the majority or exclusive shareholder (min 72.68%) in both company groups.
A:
In your situation regarding the L1B US visa, the key factor is the relationship between the companies within the BM Group. The L1B visa requires a qualifying corporate relationship between the petitioning U.S. company and the foreign company where the employee previously worked.
Given your description, where BM Group holds a majority stake in both R Group and BM Education Group, this typically establishes a qualifying relationship. The fact that Company R and Company S are part of the same larger corporate group and have a common majority shareholder usually satisfies the requirement for a qualifying relationship under L1B visa regulations.
It's important to note that each case is unique and subject to the interpretation of the United States Citizenship and Immigration Services (USCIS). Therefore, it is advisable to prepare detailed documentation demonstrating the ownership and corporate structure of the involved entities to clearly establish the qualifying relationship. This will be crucial in your L1B visa application process.
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