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A strong commercial relationship is not the same corporate relationship

In a fictional case, a German brand licenses an independent U.S. operator and wants its COO to run that business. The brand agreement grants commercial rights; it does not establish the prescribed parent, branch, affiliate or subsidiary link.

The actual ownership, voting and control rights and continuing business matter. The individual’s overseas employment and proposed U.S. duties remain separate requirements; a management title does not supply them. New-office cases require additional evidence.

Sources: Department of Homeland Security: (l)(1)(ii), (l)(3)

Do not assume founder relocation is required

An owner may plan partner-operated delivery while staying abroad. If someone will physically work in the United States, identify the actual work, place and duration before the launch depends on it. The staff-transfer guide covers the person and role questions in more detail.

Sources: Department of Homeland Security: (l)(1)(ii), (l)(3)

Scope

  • The regulation was reviewed, but the USCIS policy-manual page was inaccessible; current policy and case-specific treatment remain unverified. No eligibility or alternative route is established.

Next step

Check whether the actual company relationship qualifies before making the COO’s U.S. assignment part of the launch promise.

Sources & review notes

The source records distinguish access dates from substantive review dates. Updating an explanation does not itself recheck the law.

8 CFR §214.2(l): intracompany transferees

Department of Homeland Security

Passage, dates and research notes

primary · (l)(1)(ii), (l)(3)

qualifying organizations

Accessed: 2026-11-12T20:51:48.875978+00:00 · Meaning reviewed: 2026-11-12 · Next review target: 2026-12-12

USCIS policy-manual URL returned 403 during this review; no claim of having reviewed it. Current CFR ownership/control and individual evidence provisions were read.

Detailed rule records (1)
L-1 preparation needs a qualifying corporate relationship and individual evidence Depends on the facts

8 CFR 214.2(l) requires a qualifying parent, branch, affiliate or subsidiary relationship, continuing business and individual employment/role evidence. A trademark license or franchise contract alone does not demonstrate the prescribed ownership and control relationship.

When to check: Planning to transfer an executive, manager or specialist to work in the United States. Source review: 2026-11-12.

8 CFR §214.2(l): intracompany transferees
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