First Consulting Group - Immigration Law Firm

L-1 Business Visa: Proving a Qualifying Relationship Between Two Companies

Immigration law defines the relationship between companies based on two factors: ownership and control. Ownership refers to the legal right to own a company. Control refers to the authority to make decisions regarding the company’s operations, management, and administration.

How to Prove the Relationship Between Two Companies in the U.S. and Vietnam

To determine whether the relationship between a U.S. company and a Vietnamese company meets the qualifications for an L-1 business visa, we must examine the ownership and control relationship between the two entities. The relationship between the two companies may fall into one of the following four categories:

Parent/Subsidiary (Parent Company)

This is a structure in which one company owns another. If the Vietnamese company owns the U.S. company, then the Vietnamese company is considered the parent company and the U.S. company is the subsidiary, or vice versa. The parent company must own more than 50% of the subsidiary.

Branch

This is also a form of company ownership similar to a parent/subsidiary relationship, but with the additional requirement that both entities must be registered under the same trade name and company name.

Subsidiary

This is a form of a subsidiary company, but it must be demonstrated that the parent company has ownership and control over the subsidiary. This means the parent company does not necessarily have to own more than 50% of the subsidiary, but it must be the largest shareholder and hold controlling authority and decision-making power over the company.

Affiliate

This refers to a structure where an individual or group of shareholders owns the companies. In other words, a Vietnamese corporation may have one shareholder or a group of shareholders who own more than 50% or otherwise exercise control over both the Vietnamese and U.S. companies.

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Author: minhle
Updated:

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