Petition Should Establish the Qualifying
Relationship with the Beneficiary's Foreign Employer
We received a Request For Evidence (RFE) notice from USCIS for our L1 visa application, the request is the "petitioner must establish that it has a qualifying relationship with the beneficiary's foreign employer". How to reply this RFE question?
The regulation requires that that the petitioner should establish that it has a qualifying relationship with the beneficiary's foreign employer. The ownership and control are the factors that should be examined in determining whether a qualifying
relationship exists between United States and foreign entities for purposes of the L1 visa classification.
In L1 visa petition, ownership refers to the direct or indirect legal right of possession of the assets of an entity with full power and authority to control; control means the direct or indirect legal right and authority to direct the establishment, management, and operations of an entity. The petitioner can provide evidence such as stock certificate, tax returns, Schedule E of tax returns, and Schedule K of tax returns.
In one L1 visa application Request For Evidence (RFE) case, the evidence submitted does not allow the AAO (Administrative Appeals Office of USCIS) to determine which person or entity actually owns the U.S. petitioner. Going on record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Thus, despite the petitioner's claim that it is the foreign entity's affiliate, without the necessary documentary evidence establishing the ownership of each entity, the AAO cannot conclude that the petitioner and the beneficiary's foreign employer have the requisite qualifying relationship.
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