The L1 visa category is a nonimmigrant work visa category for intracompany transferees. It allows a U.S. employer to petition for certain foreign workers who work for a related foreign employer (at least a 51% control in ownership)
In order to petition for an L1B specialized knowledge intracompany transferee, the petitioner must be a parent, branch, affiliate, or subsidiary of the foreign employer. Furthermore, the petitioner must be “doing business” in the United States and at least one other country through a parent, branch, affiliate, or subsidiary business. Under certain cases, a petitioner may be opening what is called a “new office” in the United States.
The beneficiary of the L1B petition must have been employed Continuously at the foreign employer continuously for one year within the three years immediately preceding the filing of the petition.
Under section 214 c of the INA, an employee who is serving in a “specialized knowledge capacity” either “has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge and processes and procedures of the company.”
The memo explained that “special knowledge” must be “distinct or uncommon” compared to the knowledge that would generally be found in the worker’s industry. However, in a key point, the memo explained that the knowledge need not necessarily be uncommon in the petitioner’s organization.
In supporting the eligibility of an L1B specialized knowledge worker, the petitioner must submit evidence regarding the effect the beneficiary would have on the petitioner, the qualifications of the beneficiary, and that the beneficiary’s knowledge can only be gained through experience or training with the petitioning organization.
A person may be admitted in L1B status for an initial period of up to three years. However, if the L1B specialized knowledge intracompany transferee is admitted to work in a “new office,” the initial period of admission may not exceed one year. An L1B intracompany transferee may be approved for extensions in two- year increments for up to five years in the aggregate.
An L1B employee is only authorized to engage in employment for the petitioner. If he or she works “off-site,” the L1B employee must still be under the “control and supervision” of the petitioning organization and not of the unaffiliated organization. It will be important for the petitioner to compile evidence showing that the arrangement meets this requirement.
The spouse or child of an L1B employee may be eligible for an L2 visa if otherwise admissible. Time spent on L2 status does not count toward the five-year limit on L1B status. Therefore, it is possible for an L2 spouse to obtain a change of status to L1 (if otherwise eligible) and for the former L1B employee to obtain L2 status in turn. An L2 spouse may apply for employment authorization but may not work without such authorization. An L2 child may attend school full time incidentally to status.
Letter in Support of the visa petition
Incorporation Documents: Certificate of Formation; Printout from the website of the Texas Secretary of State with details of the company registration
Federal Employer Identification Number (FEIN)
Stock Certificates
Ledger: Record of Certificates Issued and Transferred
Wire transfer for
Letter from Bank Official confirming account has been opened for the company
Bank Statement
Lease Agreement
Payment for deposit and first month’s rent
Letter from Landlord confirming arrangement for additional space has been made to allow for future growth
Photographs of the commercial leased property
Organizational Chart
Beneficiary’s Job Description
Job Description of the employees that will be hired and directly supervised by the Beneficiary
Business Plan
Company’s incorporation documents
Commercial License
Certificate of Good Standing, identifying the ownership structure of the company
The Articles of Association above, which identifies the percentages of ownership
Stock Certificates
Audited Annual Financial Statements for the last three years
Bank Statements for last 1 year
Organizational Chart with Job Descriptions of the Beneficiary and the employees directly supervised by the Beneficiary
Employment Agreements
Employees’ Resumes
Payroll Report
Employee Pay Stubs
Lease Agreement or Ownership Documents for the office
Photos of the office in FOREIGN COUNTRY
Chamber of Commerce, Registration Certificate
Contracts or Registrations with various suppliers
Monthly Expense Report
Accounts Payable, recent sample
Accounts Receivable Report, recent sample
Summary of Past Performance showing Clients, Contract Numbers, Number of Contracts, Contract Values, and Service Description
Purchase Orders
Invoices
Utilities Bills including Telephone/Cell Phone bills
Marketing and Promotional Materials
Company Presentation Fliers, Brochures
Website Printouts
Passport identification and U.S. visa pages
Police Clearance Report
Resume
Copy of Degrees
Memorandum of Understanding addressing the opening of a subsidiary in the United States and assigning the beneficiary to open and direct the new U.S. subsidiary
Board of Directors resolution assigning the beneficiary as the Managing Director of the new U.S. Subsidiary Evidence of the Beneficiary’s employment with the foreign affiliate company prior to his transfer to the U.S. affiliate company and that his position at the foreign company is an executive one
Business Card, identifying the Beneficiary as the JOB of the foreign parent company
Pay slips from Last one year
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