The L-1 visa category is designed to facilitate the transfer of executives, managers, and employees with specialized knowledge from a foreign company to a related U.S. company. However, both 9 FAM 402.12-8(C) and 8 CFR 214.2(l) emphasize that the qualifying organization must demonstrate its ongoing international nature. This requirement ensures that the L visa program remains true to its intent, supporting international business operations rather than self-employment or the relocation of foreign businesses to the United States.
What Does “Ongoing International Nature” Mean?
An organization seeking to transfer an employee to the United States under the L classification must have an active and continuing relationship with a foreign entity. This relationship typically involves a parent, branch, affiliate, or subsidiary engaged in regular business operations abroad. The foreign entity must remain operational during the L visa period, demonstrating that the U.S. company is part of a larger international business structure rather than a standalone domestic venture.
Why the Requirement Exists
The regulation at 9 FAM 402.12-8(C) clarifies that the L classification was not created for self-employed individuals seeking to enter the United States to continue self-employment. Nor was it intended to accommodate the complete relocation of foreign businesses to the U.S. Instead, it is designed for multinational organizations that continue to conduct business in both countries.
This distinction is crucial. If the foreign office ceases operations or the applicant’s goal is primarily to move the entire business to the United States, the organization no longer maintains its qualifying “international nature.” In such cases, the L-1 visa eligibility may be compromised.
Examples of Ongoing International Activity
- The foreign company continues to employ staff, generate revenue, and serve clients abroad.
- The U.S. company and the foreign company exchange personnel, goods, or services on a regular basis.
- Both entities maintain separate business operations while functioning under a shared corporate structure.
- The foreign entity remains financially viable and operational throughout the L employee’s U.S. assignment.
Key Takeaways for L Visa Applicants and Employers
Organizations seeking to sponsor an L-1 employee must be prepared to document their international operations thoroughly. Evidence may include financial statements, tax filings, contracts, payroll records, and proof of ongoing business activity in the foreign office. Maintaining this documentation is essential for both initial petitions and extensions.
The bottom line: The L visa is for truly international businesses. It is not a vehicle for individuals to move their self-employment ventures to the United States, nor for companies to abandon their foreign operations entirely. Demonstrating an active and continuing international presence is central to compliance with 8 CFR 214.2(l) and 9 FAM 402.12-8(C).
Need Assistance?
At Richards and Jurusik Immigration Law, we assist multinational organizations and professionals in navigating the L visa process—from establishing qualifying relationships to maintaining compliance. Contact us today to determine whether your company meets the “ongoing international nature” requirement for L-1 classification.
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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)
