The United States L1 visa is a non-immigrant visa that allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out the last three years.
An L-1 visa is for intra-company transfers of skilled employees, including managers, executives, and their support staff. Unlike the H-1 visa, the applicant does not have to have completed a four-year degree. The only qualification is that the transfer must clearly benefit the U.S. economy. Candidates must have worked at the foreign company for one year, and there must be a clear and important relationship between both companies (as when one is a parent company, or if both are subsidiaries of the same parent or holding company).
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L1-VISA PRELIMINARY DOCUMENTS CHECKLIST
The following is a listing of documentation/information required by our office to commence the preparation and filing of an I-129L Petition for Nonimmigrant Worker (Corporate Transferee Visa).
ALIEN’S PERSONAL DOCUMENTS including:
- Completed Personal Analysis Questionnaire
- Copies of passport and I-94
- Copies of academic credentials, i.e., diploma, degrees, transcripts and if necessary, educational equivalency evaluation (with certified translations if applicable)
- Copies of marriage certificate and birth certificates of spouse or children and advice on if we are to include family members (there will be an additional fee for inclusion of family members) (with certified translations if applicable)
- Copy of alien’s resume, which must include the details of his/her professional experience for the past five years
EMPLOYER DOCUMENTS including:
- Completed Employer Questionnaire
- Job title and five-seven sentence job description, highlighting key names & duties, monetary value of major projects or clients, salary, location where work will be performed (worksite)
- Contact person name, address, telephone and fax numbers
- Documentation of the Parent/Subsidiary Relationship between U.S. Company and Parent/Affiliate abroad
- Articles of incorporation, partnership agreements, or other forms of business organization for the U.S. affiliate
- Two (2) Organizational Charts reflecting the following:
a. Applicant’s position in the company PRIOR to proposed transfer (Insert the titles of both supervisors and individuals/departments supervised)
b. Applicant’s proposed position AFTER the transfer (Insert the titles of both supervisors and individuals/departments supervised).
Note: In order for the applicant to qualify for the L-1 category, it must be demonstrated that he or she performs a high-level management/executive function including supervisory duties of other professionals (not merely administrative/clerical staff). Be sure to reflect the SUPERVISORY hierarchy in the organizational charts)
- Evidence of financial viability of U.S. company/parent abroad (i.e. Bank letter, federal tax returns of the U.S. Affiliate, financial statement on the foreign parent company-translated into English and converted into U.S. dollars, certified by CPA or Chartered Accountant, annual report, Dun & Bradstreet Report, documentation of investor’s agreement and business plan)
- Evidence of U.S. site (i.e. Copy of lease, mortgage, contract)
- Evidence establishing that the beneficiary possesses at least one year of experience in an executive, managerial or specialized knowledge position (statement by personnel director, foreign branch)
- Personnel or payroll actions or notifications supporting the claimed employment relationship between beneficiary and petitioner
Upon our receipt of the above-noted items and accompanying payment, the office can commence the L1-VISA process for the alien. Feel free to call our office (973) 532-5330 if you have any questions.
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>> How do I get an L-1 visa?
The United States L-1 visa is a non-immigrant visa that allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your U.S. company outside of the U.S. for at least one year out the last three years.
An attorney can help with business-based sponsorship or immigration from both angles, helping businesses or even American families protect and keep immigrant employees, and helping professionals to obtain the proper documentation to conduct business in the U.S.
Whether you are an investor or an artist, an executive or an entertainer, a scientist or an activist, you will need to apply for the appropriate visa if you wish to conduct business in the U.S.
Contact our dedicated New Jersey L1 VISA Attorney for guidance.