Table of Contents
1. Why Ownership and Control Matter
For both the L-1 visa (for intracompany transferees) and the EB-1C green card (for multinational managers and executives), the U.S. Citizenship and Immigration Services (USCIS) must confirm a qualifying relationship between the foreign and U.S. companies. This relationship is based on ownership and control—not just shared branding or business activity.
2. Legal Definitions and Requirements
Under 8 C.F.R. § 204.5(j)(2), a qualifying relationship exists when:
- One company owns the other (parent-subsidiary),
- Both companies are owned by a common parent, or
- One company has the power to control the other (via voting rights, legal authority, etc.).
Even in complex or indirect ownership cases, the focus is on showing actual control or ownership stake.
3. Key Cases That Set the Standard
The Administrative Appeals Office (AAO) and Board of Immigration Appeals (BIA) have emphasized that ownership and control are the deciding factors. Key cases include:
- Matter of Church of Scientology International, 19 I&N Dec. 593 (BIA 1988) – This case stressed the need for formal documents proving corporate ownership and authority. Even nonprofit entities must prove structure and control.
- Matter of Siemens Medical Systems, Inc., 19 I&N Dec. 362 (BIA 1986) – Siemens clarified the importance of showing who owns or controls the foreign and U.S. entities. Shared operations alone aren’t enough.
- Matter of Hughes, 18 I&N Dec. 289 (Comm. 1982) – This early case focused on actual corporate control, not just titles or shared branding.
4. Common Mistakes to Avoid
- Assuming shared branding = control
Using the same logo or name does not prove a qualifying relationship. - Not updating ownership documents
Expired or outdated records can lead to denials. - Overlooking indirect ownership
If ownership is through multiple layers, each layer must be well documented.
5. Tips for Proving a Qualifying Relationship
- Include organizational charts showing ownership percentages.
- Submit shareholder agreements or operating agreements.
- Add board resolutions or meeting minutes showing decision-making authority.
- Provide translated and certified documents if they’re in a foreign language.
Pro Tip: Visuals like charts make complex ownership easier for officers to review.
We Can Help!
If you have questions regarding L-1 visa or EB-1C green card, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
