Qualifying Relationship

Qualifying Relationship

Qualifying Relationship between Entities | Intra-company Transfer Visa, Philippines

In order for a Philippine or other foreign entity to transfer an employee to a related American entity under an L category intra-company transferee visa, a qualifying relationship must exist between the two organizations. In most situations, the U.S. and foreign entities must have at least 50% common ownership to qualify. However, if the transferring company has control over both entities, a qualifying relationship can still exist.For L visa purposes, the petitioner must be a “qualifying organization” that wishes to bring a foreign national to the United States as an L category nonimmigrant.

For L visa petitions, the petitioner can be either a U.S. or foreign organization.

Qualifying Organization

This petitioner must be either a parent, branch, affiliate, or subsidiary of the same employer for whom the foreign national was previously employed abroad.

A Parent Company

A parent company is simply a company that has subsidiaries. A parent company controls, manages, and operates other companies by having dominant voting stock or control over them.

A Branch

A branch is an operating division or office that is housed in a different location and not established as a separate business entity.

An Affiliate

An affiliate is a company related to another company, usually either one has the power to control the other, or a third party controls and has power over both.

A Subsidiary

A subsidiary is a separate legal entity from a parent company, but is still owned by the parent corporation.