How to Reply the L-1 Visa Application RFE Question of Qualifying Relationship? L1 Visa, L-1 Visa, L1 Application,L-1 Visa RFE, L1 QuestionL1 Visa Qualifying Relationship

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How to Reply the L-1 Visa
Application RFE Question of Qualifying Relationship?

Hi William,

We received a Request For Evidence (RFE) notice from USCIS for our L1 visa application. How to reply the RFE question of "qualifying relationship between the U.S. petitioner and the foreign employer"?

Answer,

An L-1 petition must demonstrate a qualifying relationship between the U.S. petitioner and the foreign employer, such as a parent, subsidiary, branch, or affiliate. This relationship is established through ownership and control between the two entities, where one has the authority to direct the management and operations of the other. The U.S. employer must file Form I-129 with supporting documentation to prove this connection and show that both entities will remain in operation for the duration of the beneficiary's L-1 stay.

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.

For L-1 visa application, the important requirements inclue:

1) Demonstrate Ownership and Control: The petition must provide evidence showing legal ownership and the right to direct the management of the other entity.

2) Viable Businesses: Both the U.S. and foreign entities must be actively conducting business, with regular and continuous provision of goods or services.

3) Continuous Operation: The U.S. employer must prove that both the U.S. entity and the foreign entity will continue to do business for the duration of the L-1 beneficiary's temporary stay.

4) Foreign Employment: The beneficiary must have been continuously employed by the foreign entity for at least one year in the three years preceding their application for admission to the U.S.