L1 Multinational Managers and Executives

WHO QUALIFIES FOR AN L-1A VISA?

L-1 petitions are filed by a U.S. corporation (“the petitioner”) on behalf of an individual seeking the visa. The petitioning company must prove the following:

(1) That the company is operating abroad (typically involves showing that it has been doing business, i.e., holding goods and/or services out for sale)
(2) That US company is not merely a shelf corporation but is active, conducting substantial business, and truly needs an executive or manage
(3) That there is “qualifying relationship” between the US and the foreign company and that
(4) That applicant was employed abroad for one year in last 3 years.

The US company must file the petition with United States Citizenship and Immigration Service office serving the company’s place of business. The foreign national may choose either to apply for the visa at the U.S. consulate with jurisdiction over his/her place of residence or to change status in the United States.

HOW LONG CAN L-1A VISA HOLDER REMAIN IN THE UNITED STATES?

The L-1A visa was established to allow executives and managers of foreign corporations to work for US subsidiaries and affiliates for up to seven (7) years. During the time the individual is in L-1A status, he/she is allowed to travel in and out of the country without limitation.

In cases involving new offices in the US, a special one-year initial period of stay applies. At the end of the 1 year period, the company must prove that it continues to do business in the U.S. and abroad, in order to request an extension of stay for the executive or manager.

L-1 visas often pave the way for foreigners to seek permanent residency.

SUGGESTED LIST OF DOCUMENTS FOR L-1 VISA PETITION

Following is a suggested list of documents that may be submitted to meet the requirements of the L-1A classification.

A. With respect to Foreign Corporation

(1) Articles of Incorporation
(2) Business Registration Certificate.
(3) Certificate of Good Standing from the Chamber of Commerce.
(4) Latest Balance Sheet.
(5) Letter from the Bank showing when relationship began and whether the company is in good standing.
(6) Latest Bank Statement showing deposits and withdrawals.
(7) Letter from the Accountant verifying the officers and directors of the Company - notarized.
(8) Brochures, ads in local magazine or periodicals.
(9) Copy of the lease if any or if the company owns the premises where the head office/ factory is located the copy of deed.
(10) Salary verification of the Beneficiary (i.e. the person to be petitioned for) proving proof of employment or (proof of controlling interest) in affiliate for at least 12 months.
(11) Proof of payment of any taxes to the Government such as payroll taxes.
(12) Current - invoices.
(13) Employ List - notarized.

B. With respect to U.S. Branch of Foreign Corporation

(1) Articles of Incorporation.
(2) Occupational License.
(3) Lease of premises.
(4) Share Certificate showing ownership in/by Foreign Corporation.
(5) Proof of phone listing.
(6) Bank Account
(7) Company letterhead
(8) Tax ID number of US corporation
(9) Current number of employees at US company
(10) Gross annual income
(11) Net annual income

Beneficiary

(1) Job title of transferee
(2) Detailed Description of duties performed abroad and the duties to be performed in the U.S.. Description should discuss how the duties will be performed, when and where such duties will be performed and with whom will duties be performed. Discuss specific prospects.
(3) Wages to be earned, if any
(4) Copy of I-94 card if transferee is in US
(5) Copy of passport
(6) Letter from overseas employer confirming that foreign national was employed with company abroad for a continuous period of at least once year within the last three years.