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USCIS clarifies requirements for establishing corporate relationship for L-1 visa

  1. Original Date Announced

    December 29, 2017

    USCIS issues a policy memorandum clarifying that to establish a qualifying relationship for an L-1 visa petition where the petitioner has submitted documentation of control by proxy votes, the petitioner must show that the proxy votes are irrevocable from the time of filing the L-1 petition through the time of adjudication. If ownership and control of the organization changes after USCIS adjudicates the petition, the petitioner must file an amended petition. The memo includes an update to the Adjudicator's Field Manual and is effective immediately. [ID #493]

    USCIS Policy Memo (PM-602-0155): L-1 Qualifying Relationships and Proxy Votes
  2. Effective Date

    December 29, 2017

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

Pre Trump-Era Policies

  • February 9, 1982 The 1982 decision *Matter of Hughes* gave an extensive analysis of the meaning of affiliation for L-1 purposes, but neither *Matter of Hughes* nor previous USCIS guidance have addressed whether proxy votes must be irrevocable to establish control. 1982 *Matter of Hughes*

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