USCIS Updated L-1 Visa Rules

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The United States Citizenship and Immigration Services (USCIS) has issued updated rules explaining the rules for issuing an L-1 visa (a nonimmigrant visa allowing its holder from a number of countries to temporarily work in the US for a period from 3 months to 5 years).

A US or foreign employer may apply for an L-1 visa for a temporary transfer of a foreign worker to the United States from one of the operations centers outside the country. The employer must prove that at the time of the request for a visa between a foreign employer and an American company there are business relations and that both companies are part of the same holding.

To verify whether a business relationship exists in reality, USCIS representatives are checking documents on the ownership and management of the respective enterprises. In some cases, a visa applicant may attempt to become a leader based on the use of “proxy votes”. Such votes are obtained when one or more shareholders hold irrevocably the right of another shareholder to vote on his shares, thus legally transferring formal guidance to the other shareholders over the companies under consideration.

According to the new memorandum, when “votes by proxy” are decisive in establishing leadership over an enterprise, a visa applicant must demonstrate that they are irrevocable from the moment the permit is issued by the Citizenship and Migration Service. The applicant must also provide evidence that the relationship between the enterprises will be valid until the issue of a visa is resolved.

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