Messersmith Law Firm

Immigration Q&A - May 02, 2010

L1 Visa Application Where the US Office is Unprofitable

I work for a company that has an office in Chicago -- our main office is in Athens.  They want to transfer me to our Chicago office but I wonder if it will be possible!  The main company is profitable but the Chicago branch is losing money!  Will it be possible?

Profitability is certainly one factor to determine not only the personnel needs of the branch but also the company’s ability to pay your wages.  In many cases, foreign company’s with US branches will assign US based profits overseas to avoid taxes.  We must take into account the totality of the circumstances and look at other positive factors that will support your application.  We’ve handled many similar L1 visa applications and have been able to secure the visas.  It can be dealt with and approved.

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