I’ve been the manager of a family-owned business for several years. I am the majority owner of the Indian company and my brother is the majority owner of the U.S. entity. Will this corporate structure work for L-1? If not, and my brother transfers his shares in the U.S. entity to me, do I need to wait another year before I qualify for L-1?

Answer

The current ownership structure generally would not work, as there must be common ownership and control of both the foreign and U.S. entities. If you change the ownership structure so that you own / control both entities, this would resolve the qualifying relationship issue and there would be no need to wait another year to file the L-1 petition based on this change in ownership. As long as the qualifying relationship exists as of the date of filing, this normally is sufficient. (28.Jan.2025)

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