Skip to main content
This is the USCIS preview website. Visit uscis.gov for the official USCIS site.
USCIS Response to Coronavirus (COVID-19)
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
Horizontal Menu
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
  • Contact us
  • Multilingual Resources
  • Ask Emma
Main navigation
Skip to main content
  • Archive
Breadcrumb
  1. Home
  2. Archive
  3. USCIS Clarifies Proxy Vote Use for Certain Intracompany Transferee Visa Petitions

USCIS Clarifies Proxy Vote Use for Certain Intracompany Transferee Visa Petitions

Archived Content

The information on this page is out of date. However, some of the content may still be useful, so we have archived the page.

Release Date
01/03/2018

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance today clarifying that a proxy vote must be irrevocable to establish the requisite control of a company in an L-1 visa petition.

A U.S. or foreign employer may file an L-1 visa petition to temporarily transfer a foreign employee to the U.S. from one of its operations outside the country. The employer must prove that a qualifying relationship exists between the foreign employer and the U.S. company at the time they file their petition by showing that either the two companies are the same employer or the companies are related as a parent, subsidiary, or affiliate company.

To determine if a qualifying relationship exists, USCIS officers examine ownership and control of the respective entities. In some cases, a petitioner may seek to establish control based on the use of proxy votes. Proxy votes are obtained when one or more equity holders irrevocably grant the ability to vote their equity to another equity holder, thereby effectively and legally giving the other equity holder “control” over the company or companies in question.

The new policy memorandum clarifies that when proxy votes are a determining factor in establishing control, the petitioner must now show the proxy votes are irrevocable from the time of filing through the time USCIS adjudicates the petition, along with evidence the relationship will continue during the approval period requested. Previous guidance did not address whether proxy votes must be irrevocable to establish control.

This policy update does not change the requirement for petitioners to file an amended petition when the ownership or control of the organization changes after its original L-1 petition was approved. Amended petitions must also comply with the clarified guidance regarding irrevocable proxy votes.

Interim and final policy memos are official USCIS policy documents and go into effect on the date the memos are issued.

Ensuring the integrity of guest worker programs is consistent with our Buy American and Hire American initiatives.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).

-USCIS-

Last Reviewed/Updated:
01/03/2018
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov