Legal Question in Immigration Law in Illinois

I am a partner in a firm that is applying for the L-1 visa. I will be the beneficiary of the I-129 visa.

On the uscis website it says":

"If the beneficiary is an owner or major stockholder of the company, the petition must be accompanied by evidence that the beneficiary's services are to be used for a temporary period and evidence that the beneficiary will be transferred to an assignment abroad upon the completion of the temporary services in the United States".

In light of the above, it seems more favourable that the beneficiary SHOULD NOT be the owner or major stockholder.

Currently I own 49 % share and my other two partners own 49 % and 2 % each.

In this situation am I established as owner or major stockholder or not ?

Also how about if I own 50 %, and the other two have 49 % and 1 % each ?

Thanks

I ask this because we are in the midst of making some amendments to your shareholding structure, so any decision we make would be in view of the above L-1 visa requirement.

Thanks

Asked on 9/04/13, 5:26 am

2 Answers from Attorneys

Caridad Cardinale Pastor & Associates, P.C.
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You would be considered the majority shareholder. You would also probably be considered an owner. If you have any other questions please contact us at (248) 619-0065. We would be happy to assist you with any further questions.

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Answered on 9/04/13, 6:44 am
ANUJ SHARMA, ESQ. A SHARMA LAW FIRM, PLLC
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It appears that you are applying for L-1A visa in an executive position. You definetely need expert advice before you move forward. Please call our office for the same.

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Answered on 9/04/13, 8:31 am

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