We’re a U.S.-based technology company in the process of establishing an offshore entity to support our product development efforts. We’d like to ensure that the structure we’re setting up will meet the requirements for transferring team members to the U.S. under the L-1 visa program. Specifically, we’re looking to understand: Is there a minimum revenue or operational threshold required for the offshore entity to qualify for L-1 sponsorship? Does the offshore entity need to be a formal subsidiary, or would another type of affiliated company suffice? If we plan to apply for a blanket L-1 to facilitate multiple transfers, would the same company setup be adequate? We’d appreciate any guidance or clarification you can provide on these points. Thank you

Question

Baltazaar Tirado · Accepted Answer

This depends on scale and other factors, it would be better to consult a full fledged legal team or advisor.

Theofania Papas · Answer

To qualify for L-1 visa sponsorship, your offshore entity needs to have a qualifying relationship (parent, branch, subsidiary, or affiliate) with the U.S. entity, and it needs to be actively doing business. While there's no specific minimum revenue or operational threshold for the offshore entity, it needs to demonstrate it is a viable business with sufficient operations to support the employees being transferred. A formal subsidiary isn't the only acceptable relationship; a branch, affiliate, or even a parent company can also qualify. The same company structure would generally be adequate for both individual L-1 petitions and blanket L-1 applications.

Siva Kann

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