Only those companies which exactly meet the Immigration Service’s definitions of a parent, branch, subsidiary or affiliates qualify to petition for an L-I Intracompany transferee visa. These definitions are very precise and require an analysis of both the foreign and US ownership of the companies. Both the foreign and US operations must be doing business for the entire time that the L-I employee is working in the United States.

There are provisions to allow a new office to open in the United States provided that evidence is submitted to the Immigration Service to prove that the new office has a suitable place to do business, a qualifying business structure exists, and that the employer has the ability to pay the employee and to begin doing business in the United States.

Each case must be well documented with evidence proving all of the legal criteria are met.