Using treaty of commerce and navigation visas as a possible option for manufacturing companies searching for talent is a great way for manufacturing companies to explore. Companies with affiliates abroad have another option: the L-1 visa.
The L-1 visa is available for foreign nationals who have worked at least one year abroad for a foreign affiliate of the U.S. employer. To establish that a U.S. organization is to sponsor L-1 workers, it must show it has a qualifying relationship with a foreign entity and the organization is actively doing business as an employer in the United States and abroad. U.S. Citizenship and Immigration Services (USCIS) regulations indicate that a qualifying relationship exists if the foreign entity is a parent, branch, subsidiary, or affiliate of the U.S. petitioner.
Affiliates include organizations where each entity is owned and controlled by the same parent or individual or one of two legal entities owned and controlled by the same group of individuals, with each individual owning and controlling approximately the same proportion of each entity. In joint ventures where two (and only two) parent companies own 50 percent of a company, the joint venture is considered a subsidiary of both parent companies and can qualify for the L-1 as the U.S. petitioner or foreign entity.
If the organization can meet the employer requirements, then it can consider whether employees can qualify for L-1 status.
There are two types of L-1 visas: L-1A and L-1B. L-1As...
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