To qualify for an L1 Visa, the prospective employee must have been employed abroad with an affiliate, parent, branch, or subsidiary of the petitioning U.S. company for a continuous period of one year within the three years prior to filing the petition or entry into the United States. This period of employment abroad must have been in either a managerial/executive or specialized knowledge capacity. Supporting documentation required from the petitioning employer abroad will include:
1. Proof that the company abroad and the U.S. company are appropriately related.
2. Documentation that the foreign national was employed at least one full year of the previous three years with the related enterprise overseas.
3. Documentation showing that the company will continue to “do business” abroad throughout the L1 visa employee’s tenure in the United States.
4. Current invoices as well as any contracts or written obligations (such as leases or long-term contracts with customers) tending to show the long-term viability of the company abroad.
5. Corporate documents for the corporation (financial statements, annual report, SEC report).
Documentation must be submitted to show that the petitioning company is doing sufficient business in the United States to support the employment of the L1 visa profession. This is especially important when the petitioning employer is a start-up company, newly established in the United States. Attention should be given to documenting the ability of a new office L1 visa employer to do business in the United States. Supporting documentation required from the petitioning employer in the United States consists of:
1. Detailed written description of the company’s business in the United States.
2. Corporate documents for the corporation.
3. Evidence of assets.
4. Copy of lease, title, or purchase option of space(s).
5. Incorporation documents and official registration, or federal tax identification number.
If the employer is am L1 visa start-up company, include a detailed business plan (including a description of the company’s business, the number of projected employees in the short– and long-term, current revenues and projected short and long-term revenues) and evidence that there is sufficient physical premises to house the new office have been secured.
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