The L-1 visa is a popular option for companies transferring executives, managers, or employees with specialized knowledge to their U.S. branch. Whether applying for an L-1A (for executives and managers) or an L-1B (for employees with specialized knowledge), proper documentation is key to getting approval. Here’s a helpful checklist to ensure a smooth process.
Table of Contents
1. Company Documents
To qualify for the L-1 visa, both the U.S. company and the foreign company must meet specific criteria, such as being a branch, subsidiary, affiliate, or parent company. Companies interested in applying for this visa should gather the following documents:
- Business Registration Documents: Proof of the existence of both the foreign and U.S. companies.
- Ownership Structure: Documentation that shows the relationship between the foreign and U.S. companies, such as organizational charts or stock certificates.
- Business Operations: Proof that the company is actively doing business, such as tax returns, financial statements, contracts, or lease agreements.
2. Employee Documentation
For the L-1 visa, the employee must have worked for the foreign company for at least one continuous year within the past three years. Documentation to support this includes:
- Employment Verification Letter: A letter from the foreign company confirming your employment details, including job title, duties, and duration of employment.
- Resume/CV: A detailed resume showcasing your qualifications and work experience.
- Educational Certificates: Copies of relevant degrees or certifications, particularly for L-1B applicants.
- Pay Stubs or Tax Records: These can help verify your employment with a foreign company.
3. Position-Specific Documents
The type of L-1 visa you apply for will determine the additional documents you need:
- For L-1A (Executives/Managers): Documents showing your authority over the organization, such as organizational charts, job descriptions, or proof of decision-making responsibilities.
- For L-1B (Specialized Knowledge): You must demonstrate that you possess specialized knowledge that is crucial to the company’s operations. Examples include technical documents, patents, or proprietary procedures you’ve worked on.
4. U.S. Company Documentation
The U.S. branch must demonstrate its readiness to receive and employ the transferred worker. Essential documents include:
- U.S. Office Lease or Property Documents: Proof that the U.S. company has a physical office space.
- Payroll Records or Employment Contracts: Documentation showing that the U.S. company can support the employee financially.
- Business Plan (if the U.S. company is new): A detailed plan explaining the U.S. company’s operations and growth strategies.
5. Additional Supporting Documents
- Form I-129 (Petition for Non-immigrant Worker): This is the primary form that needs to be filed for an L-1 visa.
- Visa Fee Receipt: Proof that you’ve paid the necessary visa application fees.
Conclusion
Securing an L-1 visa can be a complex process, but with the right preparation and thorough documentation, companies and employees can navigate it successfully. The L-1 visa remains an attractive option for businesses looking to transfer key personnel to the U.S.
Note: For personalized immigration legal advice or assistance with other immigration matters, Lunel Law specializes in family-based immigration, asylum, and more. If you are seeking legal support for your immigration journey, contact Lunel Law to explore how we can assist with your case.