Employment vs. Source of Paycheck

Parent : is defined in the regulations simply as "a firm corporation, or other legal entity that has subsidiaries".

In the ‘Matter of Pozzoli’ it was decided that it was irrelevant whether the parent or subsidiary company paid the L1 beneficiary’s paycheck, as long as he was employed as per the petition application. The employee’s activities, rather than salary are the essential element in the employment relationship.

The ‘Matter of Tessel’ established that an unsalaried executive acting as chairman was an employee of the company. Thus confirming the earlier decision in Pozzoli that is the activity rather than the salary that will be determinative.

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Business Expansion - L Nonimmigrant Visas

  1. L Nonimmigrant Visas - Business Expansion
  2. Business Immigration Preface
  3. Overview of a Management Position
  4. Overview of an Executive Position
  5. Overview of a Specialized Knowledgeable Specialist Position Section 214 (2) (B)
  6. Commentary on the Type of Employment to be Undertaken in the US
  7. The One Year Within The Three Prior Years Rule
  8. Blanket Petitions
  9. Start-Up New Office
  10. Establishing a Management or Executive Position For the New Office
  11. Securing the US Office
  12. Funding
  13. After The First Year
  14. The Temporary Intent vs. Dual Intent Rule
  15. Duration of L Visas
  16. Petitions Denied, Revoked or Withdrawn
  17. Continuing to do Business in the Home Country
  18. Parent, Branch, Subsidiary and Affiliate Companies
  19. Employment vs. Source of Paycheck
  20. Full-Time vs. Part-Time L Visa Beneficiaries
  21. Day-to-Day Managerial, Executive or Specialist Duties
  22. Working While Awaiting Renewal of L Status
  23. Spouse of L Visa Holder's Right to Work
  24. Summary