For the last several years, I have been running a business in India that is owned by my father. Last year, I purchased a company in the U.S. and now wish to transfer to that company on L1A. Since both businesses are owned by my family, are the companies considered related to one another? If not, and my father transfers ownership of the Indian business to me, would I have to wait another year before I apply for L1A?

Answer

The fact that the businesses are “family owned” would generally not be sufficient to qualify for L1A. With one company owned by you and the other company owned by your father, the USCIS would likely take the position that the businesses do not share common ownership, as required to qualify for L1A.

If ownership is transferred to you, that would satisfy the common ownership requirement. There is no need to show that the common ownership existed during the full period that the beneficiary worked as a manager for the foreign entity. (08.Sep.2022)

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