L-1 Visa: An Overview
Transcript of L-1 Visa: An Overview
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INTRA-COMPANY TRANSFEREES
L-1 Visa: An overview
Sadanand Nai
Bengaluru
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The L nonimmigrant category was created by Public Law
91-225, enacted on April 7, 1970 to permit internationa
companies to temporarily transfer qualified employees to
the United States for the purpose of improvin
management effectiveness, expanding U.S. exports, and
enhancing competitiveness in markets abroad.
As per the USCIS statistics, issuance of Non-immigran
Visas was grown to 7,507,939 in 2011 from 6,444,285 in
2007 under different non immigrant categories. However
the NIV’s issued to Indians was declined to 554,267 in
2011 from 653,060 in 2007. The USCIS has approved
147,677 petitions under L-1 category in 2011. 56,817 L-
petitions were approved to Indians in 2011.
The L1 visa classification is divided into two separate visa
classifications, L1-A for managers and executives and L1-
for an employee in a specialized knowledge capacity
The L-1A nonimmigrant classification enables a U.S
employer to transfer an executive or manager from one
of its affiliated foreign offices to one of its offices in the
United States. It also enables a foreign company which
does not yet have an affiliated U.S. office to send an
executive or manager to the United States with the
purpose of establishing one.
The L-1B nonimmigrant classification enables a U.S
employer to transfer a professional employee wit
specialized knowledge relating to the organization’
interests from one of its affiliated foreign offices to one oits offices in the United States. This also enables a foreign
company which does not yet have an affiliated U.S. office
to send a specialized knowledge employee to the United
States to help establish one.
CONTENTS
Introduction
Definitions
Intracompany Transferees:
Blanket Petition
Intracompany Transferees:
L-1A Manager or Executive
Intracompany Transferees:
L-1A New Office (First Year)
Intracompany Transferee:
L-1A New Office –
Extension after the First
Year
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About the Author: Sadanand Naik is a
Law graduate from Mangalore University
(2005), in Karnataka, India, and Upon
graduation, Mr.Sadanand Naik served as
a Assistant Lawyer for the Rajan D.Naik,
Advocate Vasco-Da-Gama, Goa in India.
Mr. Sadanand Naik then served as the
Assistant Lawyer for the AdvocateM.M.Jalisatgi, Honavar. Now he works as
the Team Lead for one of the Leading
LPO in Bangalore.
Disclaimer: All images belong to their respective
owners. No copyright infringement intended. This
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an e-mail to [email protected]
An L-2 visa enables to enter the United States by the dependen
spouse and unmarried children under 21 years of age of qualified L
1 visa holders. If the family members are already in the Unite
States, they can seek change of status to L-2 classification. Spouse
of L-1 workers may work if the application for work authorization i
approved. Dependent child is allowed to study in the US under L-
visa. However, once he/she turns to 21 year age, they need see
change of status to F-1 to continue their study.
Application to an L-1 visa begins with the filing of a petition with
the USCIS. After approval of the petition, beneficiary may apply fo
visa issuance at a consulate or embassy of the US in the country
having jurisdiction over their residence.
If the L-1B employee is promoted to the position of manager o
executive, employee may apply for change status with amende
petition to L-1A within six month of expiration of L-1B.
L-1A is initially granted for 3 years and extendible twice for period
of two years each. And L-1B is initially approved for 3 years and
extendable once for two years. L-2 visa is valid for the duration o
the spouse's L1 visa. Qualified employees entering the United
States to establish a new office are allowed a maximum initial sta
of one year.
8 CFR PART 214 (l) and 9 FAM 41.54 deals with the intracompan
transferees.
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Definitions:
Intra-Company Transferee: 8 CFR PART 214.2(l)(1)(ii)(A)
“Intra-company transferee” means an alien who, within three years preceding the time of his or her application fo
admission into the United States, has been employed abroad continuously for one year by a firm, corporation, or othe
legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily i
order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof, in capacity that is managerial, executive, or involves specialized knowledge.
Qualifying Organization: 8 CFR PART 214.2(l)(1)(ii)(G))
“Qualifying organization” means a U.S. or foreign firm, corporation, or other legal entity which:
(1) Meets exactly one of the qualifying relationships specified in the definitions of a parent, branch, affiliate, or subsidiary
(2) Is or will be doing business (engaging in international trade is not required) as an employer in the United States and in
at least one other country, directly or through a parent, branch, affiliate, or subsidiary for the duration of the alien’s sta
in the United States as an intra-company transferee; and
(3) Otherwise meets the requirements of INA 101(a)(15)(L).
Parent: 8 CFR PART 214.2(l)(1)(ii)(I))
“Parent” means a firm, corporation, or other legal entity, which has subsidiaries. Any business entity, which ha
subsidiaries, is a parent. However, a subsidiary may own other subsidiaries and also be a parent, even though it has an
ultimate parent.
Branch: 8 CFR PART 214.2(l)(1)(ii)(J))
“Branch” means an operating division or office of the same organization housed in a different location. Any such office o
operating division, which is not established as a separate business entity, is considered a branch.
Subsidiary: 8 CFR PART 214.2(l)(1)(ii)(K))
a. “Subsidiary” means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly:
(1) More than half of the entity and controls the entity; or
(2) Half of the entity and controls the entity; or
(3) 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or
(4) Less than half of the entity, but in fact controls the entity.
b. The 50-50 joint venture can be owned and controlled by only two legal entities; all other combinations of a join
venture do not qualify as a subsidiary. A contractual joint venture does not qualify as a subsidiary. A parent may own les
than half of the entity but have control because the other stock is widely dispersed among minor stockholders; fo
example, when an individual or company acquires sufficient shares of a publicly held company to be able to nominate and
elect the board of directors.
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Affiliate: 8 CFR PART 214.2(l)(1)(ii)(L))
a. “Affiliate” means:
(1) One of two subsidiaries, both of which are owned and controlled by the same parent or individual; or
(2) One of two legal entities owned and controlled by the same group of individuals, each individual owning an
controlling approximately the same share or proportion of each entity; or
(3) In the case of a partnership that is organized in the United States to provide accounting services along with manageria
and/or consulting services and that markets its accounting services under an internationally recognized name under a
agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms,
partnership (or similar organization) that is organized outside the United States to provide accounting services must be
considered to be an affiliate of the U.S. partnership if it markets its accounting services under the same internationall
recognized name under the agreement with the worldwide coordinating organization of which the U.S. partnership is also
a member.
b. Subsidiaries are affiliates of each other. The affiliate relationship arises from the common ownership and control o
both subsidiaries by the same legal entity. Affiliation also exists between legal entities where an identical group oindividuals owns and controls both businesses in basically the same proportions or percentages. Associations betwee
companies based on factors such as ownership of a small amount of stock in another company, exchange of products o
services, licensing or franchising agreements, membership on boards of directors, or the formation of consortiums o
cartels do not create affiliate relationships between the entities for L purposes.
Relationship between Petitioner and Other Business Entities
For L classification purposes, ownership and control are the factors, which establish a qualifying relationship between a
petitioner and other business entities.
Both the U.S. and foreign businesses must be legal entities. In the United States, a business is usually in the form of a
corporation, partnership, or proprietorship.
“Ownership” means the legal right of possession with full power and authority to control. “Control” means the right an
authority to direct the management and operations of the business entity.
Managerial Capacity: 8 CFR PART 214.2(l)(1)(ii)(B))
“Managerial capacity” means an assignment within an organization in which the employee primarily:
(1) Manages the organization, or a department, subdivision, function, or component of the organization;
(2) Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essentia
function within the organization, or a department or subdivision of the organization;
(3) Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leav
authorization) if another employee or other employees are directly supervised. If no other employee is directl
supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
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(4) Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A
first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of his or her supervisory dutie
unless the employees supervised are professional.
Executive Capacity: 8 CFR PART 214.2(l)(1)(ii)(C))
“Executive capacity” means an assignment within an organization in which the employee primarily:
(1) Directs the management of the organization or a major component or function of the organization;
(2) Establishes the goals and policies of the organization, component, or function;
(3) Exercises wide latitude in discretionary decision-making; and
(4) Receives only general supervision or direction from higher level executives, the board of directors, or stockholders o
the organization.
Specialized Knowledge: 8 CFR PART 214.2(l)(1)(ii)(D))
“Specialized knowledge” means special knowledge possessed by an individual of the petitioning organization‟s produc
service, research, equipment, techniques, management, or other interests and its application in international markets, o
an advanced level of knowledge or expertise in the organization‟s processes and procedures.
Specialized Knowledge Professional: 8 CFR PART 214.2(l)(1)(ii)(E))
“Specialized knowledge professional” means an individual who has specialized knowledge as defined above and is member of the professions as specified in INA 101(a)(32).
New Office: 8 CFR PART 214.2(l)(1)(ii)(F))
“New office” means an organization, which has been doing business in the United States through a parent, branch
affiliate, or subsidiary for less than one year.
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Intracompany Transferees: Blanket Petition
A blanket petition simplifies the petitioning process for employers who frequently request intracompany transferees. A
approved blanket confirms that a qualifying relationship exists within Petitioner Company. After blanket approval, any o
petitioner qualifying entities may petition to transfer workers to the United States in L-1A or L-1B status. Those petitions
however, will only examine the beneficiaries’ eligibility, and not the company’s pre-approved qualifying relationships.
Approval of blanket L petition does not guarantee that an employee will be granted L-1A or L-1B classification. It does
however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and witshort notice without having to file an individual petition with USCIS. In most cases, once the blanket petition has bee
approved, the employer need only complete Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send
abroad to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that h
or she may present it to a consular officer. The Consular Officer will stamp on the 2 sets of I-129s, which they submit a
the time of the interview.
As per the visa applications under Blanket L petition in India is concerned, the U.S consulate office at Chennai was made
sole consular post in the country to receive and process blanket L-1 category visas with effective from December 1, 2011.
However, other U.S embassies in India will accept applications based on Individual L petitions.
Requirements for an Initial Blanket Petition
Blanket petitions must show evidence regarding petitioner’s qualifying organizations. Qualifying relationships with
petitioner organization may occur between branches of the same employer, or amongst parent companies, affiliates, o
subsidiaries.
USCIS may approve petitioner and some or all of petitioner’s parents, branches, subsidiaries, and affiliates as qualifyin
organizations if:
Petitioner and any other entities named in the petition are engaged in commercial trade or services; and
Petitioner has an office in the United States that has been doing business for one year or more;
Petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates;
Petitioner and the other qualifying organizations have:
At least 10 previous approvals for L-1 managers, executives, or specialized knowledge professiona
during the previous 12 months.
U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
A U.S. work force of at least 1,000 employees;
Following issues must be properly addressed when preparing the Blanket petition:
1. Whether petitioner and the other entities named in the petition are engaged in commercial trade or services?
2. Whether petitioner has an office in US doing business for one year or more?
3. Whether petitioner has three or more domestic and Foreign Branches, Subsidiaries, or Affiliates?
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Whether petitioner and the other entities named in the petition are engaged in commercial trade or services?
Petitioner must show that petitioner and each of the other requested qualifying entities are engaged in commercial trad
or services.
Evidence may include, but is not limited to, copies of:
1. The most recent annual report, which describes the state of the U.S entity’s finances.
2. Securities and Exchange Commission Form 10-K.
3. Federal or state income tax returns.
4. Audited financial statements, including balance sheets and statements of income and expenses describing th
U.S. entity’s business operations.
5. Major sales invoices identifying gross sales amounts reported on the income and expenses statement or o
corporate income tax returns.
6. Shipper’s export declaration or shipper’s export declaration for in-transit goods.
7. The U.S. entity’s U.S. Customs and Border Protection forms, Entry Summary and Customs Bond that sho
business activity.
8. Business bank statements that show business activity.
Whether petitioner has an office in the US doing business for one year or more?
Petitioner must show that petitioning entity have an office in the United States that has been doing business for one yea
or more. The date that office was established should be indicated by the petitioner.
Evidence may include, but is not limited to, copies of:
1. The most recent annual report, which describes the state of the U.S entity’s finances.
2. Securities and Exchange Commission Form 10-K.
3. Federal or state income tax returns.4. Audited financial statements, including balance sheets and statements of income and expenses describing th
U.S. entity’s business operations.
5. Major sales invoices identifying gross sales amounts reported on the income and expenses statement or o
corporate income tax returns.
6. Shipper’s export declaration or shipper’s export declaration for in-transit goods.
7. The U.S. entity’s U.S. Customs and Border Protection forms, Entry Summary and Customs Bond that sho
business activity.
8. Business bank statements that show business activity.
Whether petitioner has three or more domestic and Foreign Branches, Subsidiaries, or Affiliates?
Petitioner must show that petitioning entity has three or more domestic and foreign branches, subsidiaries, or affiliates.
Evidence may include, but is not limited to, copies of:
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1. Securities and Exchange Commission Form 10-K, which lists all affiliates, subsidiaries, and branch offices, an
percentage of ownership.
2. The most recent annual report, which lists all affiliates, subsidiaries, and branch offices, and percentage o
ownership.
3. Federal or state income tax returns which show the subsidiaries and affiliates included in the blanket petition.
Case Laws:
Matter of Barsai
A business firm which is a branch of a foreign government qualifies as an "affiliate" within the meaning of sectio
101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(15)(L), so long as the requisite business affiliatio
exists between the foreign firm and the petitioning United States firm.
Matter of Hughes
(1) For the purpose of section 101(a)(15)(L) of the Act, 8 U.S.C. 1101(a)(15)(L), affiliation exists between two companie
when the petitioning company: Has a 50% financial interest in the foreign company; has de facto control over the foreigcompany; and, the foreign company exists solely. to sell the petitioner's product.
(2) The terms "affiliate" or "affiliation" may be broadly used to describe business entities which have relationships wit
one another based upon both ownership and control. Ownership need not be majority if control exists.
(3) The term "affiliate* is sometimes more specifically used to describe the relationship between two companies whic
have to direct linkage but are directed, controlled, and at least partially owned by the same parent corporation.
(4) The term "subsidiary" is a more specific form of affiliation in which the company 50 described is subordinate to th
control of another.
Other required evidence:
Petitioner must show that petitioner and the other qualified entities have:
1. U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
2. A U.S. work force of at least 1,000 employees; or
3. At least 10 previous approvals for L-1 managers, executives, or specialized knowledge professionals during th
previous 12 months.
If petitioner submits evidence of previous approvals for specialized knowledge workers, petitioner must also show tha
they are professionals. A specialized knowledge professional is an individual who has specialized knowledge. This
knowledge of petitioner product, service, research, equipment, techniques, management, or other interests, and i
application in international markets. The individual must be a member of the professions, such as architects, engineer
lawyers, physicians, surgeons, and teachers.
Evidence may include, but is not limited to, copies of:
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1. Securities and Exchange Commission Form 10-K.
2. The most recent annual report.
3. Tax documents.
4. Federal or state income tax returns.
5. Petition approval notices for at least 10 L-1 managers, executives, or specialized knowledge professionals durin
the previous 12 months.
6. Evidence to show that the specialized knowledge workers in the Approval Notices petitioner submitted a
professionals.
Requirements for a Blanket Petition Extension
When seeking a blanket approval to be extended indefinitely, petitioner must provide:
1. A copy of the previous blanket approval notice;
2. A statement indicating whether petitioner still meet the criteria for filing a blanket petition;
3. Documentation of any changes in previously approved relationships and with additional qualifying organization
and
4. A list of the beneficiaries admitted under the blanket petition during the preceding three years. The list shou
show: Positions held during that period;
The employing entity; and
The dates of initial admission and final departure of each beneficiary.
Statement:
Petitioner must provide a statement indicating whether petitioner still meet the criteria for a blanket petition.
To satisfy this requirement, Petitioner statement should indicate that the petitioning entity:
1. Have an office in the United States that has been doing business for one year or more;
2. Have three or more domestic and foreign branches, subsidiaries, or affiliates;
3. And any other entities named in the petition are engaged in commercial trade or services; and
4. And the other qualifying organizations have:
5. U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
6. A U.S. work force of at least 1,000 employees; or
7. At least 10 previous approvals for L-1 managers, executives, or specialized knowledge professionals during th
previous 12 months.
Changes in Relationships:
Petitioner must provide documentation of any changes in previously approved relationships and with additional qualifyin
organizations.
Evidence may include, but is not limited to, copies of:
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1. The most recent annual report, which lists all affiliates, subsidiaries, and branch offices, and percentage
ownership.
2. A detailed list of owners, which includes the foreign entities’ owners’ names, and what percentages they own.
3. Meeting minutes, which list the stock shareholders and the number and percentage of shares owned.
4. Articles of incorporation, which have been date-stamped, “endorsed-filed” by the appropriate state official.
5. Stock certificates, which have been issued to the present date, clearly indicating the name of each shareholder.
6. A stock ledger, which shows all stock certificates issued to the present date, including total shares of stock sol
and names of shareholders.
7. Proof of stock purchase or capital contribution, such as:
Wire transfer receipts;
Bank statements;
Cancelled checks; or
Deposit receipts.
8. The articles of organization, with the names of members and percentage of membership interests issued by th
entity.
9. The partnership agreement and registration documents with the names of partners.
10. Sole proprietorship registration documents, which indicate the ownership of the entity.
Beneficiaries admitted under the Blanket Petition. Petitioner must provide a list of the beneficiaries admitted under th
blanket petition during the preceding three years. The list should show:
Positions held during that period;
The employing entity; and
The dates of initial admission and final departure of each beneficiary.
Evidence may include, but is not limited to, copies of the following from the preceding three years:
1. Forms I-94 or passports showing the initial arrival and, if appropriate, final departure of the beneficiaries admitte
under the blanket petition.
2. A list of all the beneficiaries admitted under the blanket petition and:
3. The positions they held.
4. The entities who employed them.
5. Their dates of admission.
6. Their dates of final departure (if applicable).
List of Subsidiaries and Affiliates
Petitioner must include a list of all branches, subsidiaries, and affiliates which may request workers under the blank
petition.
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Intracompany Transferees: L-1A Manager or Executive
The L-1 classification may be granted to individuals who, within the three years preceding the time of their application f
admission into the United States:
Have been employed abroad continuously for one year by a firm, corporation, or other legal entity;
Seek to enter the United States temporarily to render services to a branch of the same employer, or a paren
affiliate, or subsidiary; and
Will work in a capacity that is managerial or executive, or involves specialized knowledge.
Requirements for a Manager or Executive
To qualify a beneficiary for L-1A classification, petitioner must show that beneficiary:
1. Will be employed in a managerial or executive position in the United States;
2. Has prior education, training, or employment that qualifies him or her to perform the
intended services in the United States; and
3. Has at least one continuous year of full-time employment abroad with a qualifying
organization:
within the three years before application for admission to the United States; and
in a position that is managerial or executive, or involved specialized knowledge.
The fact that the beneficiary owns and manages a business does not necessarily establish eligibility for classification as a
intracompany transferee in a managerial or executive capacity within the meaning of sections 101(a)(15)(L) of the Act.
The regulations require a detailed description of the beneficiary's daily job duties. USCIS will not accept a vague jo
description and speculate as to what the beneficiary actually does on a day-to-day basis as the petitioner's gener
manager.
The petitioner must establish eligibility at the time of filing the nonimmigrant visa petition and not at some future dat
The Petitioner indicating that it will hire additional employees in future may not be the basis for approval of L-1A petition
Following issues must be properly addressed when preparing the L-1A petition:
Eligibility of the petitioner: Qualifying Relationship/Ownership and Control/Doing Business
1. Whether the petitioner has submitted sufficient and credible documentation to establish that it has a qualifyin
relationship with the beneficiary's foreign employer?/ whether there is a qualifying relationship between the Uentity and the foreign entity pursuant to 8 C.F.R. § 214.2(1)(1 )(ii)(G)?
2. Whether the Ownership and Control exists between the petitioner and the Qualifying U.S. Entity?
3. Whether Qualifying Foreign Entity is doing Business?
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Eligibility of the Beneficiary:
1. Whether the petitioner establishes that the beneficiary will be employed in the United States in a primari
managerial or executive capacity? / Whether the petitioner has sustained its burden of proving that his duties a
"primarily" managerial or executive?
2. Whether beneficiary was employed in Managerial, Executive, or Specialized Knowledge Position Abroad?
3. Whether beneficiary was employed continuously for one year employment abroad?
4. Whether Beneficiary’s Qualifications qualify him/her to perform intended service in the US?
Eligibility of the Petitioner/Employer:
Whether the petitioner has submitted sufficient and credible documentation to establish that it has a qualifyin
relationship with the beneficiary's foreign employer?/ whether there is a qualifying relationship between the U.S. enti
and the foreign entity pursuant to 8 C.F.R. § 214.2(1)(1 )(ii)(G)?
To transfer an employee from a foreign entity to a U.S. entity as an L-1 nonimmigrant, a qualifying relationship must exis
between the two entities. Qualifying relationships may occur between branches of the same employer, or amongst paren
companies, affiliates, or subsidiaries. To show this relationship, petitioner must provide evidence of ownership an
control by one of these parties over the other. For the purposes of L-1 classification, ownership means the leg
possession of an organization. Control means the legal or actual ability to exercise authority or influence over a
organization. Petitioner can usually show ownership and control through company documents.
8 CFR PART 214(l) Qualifying organization means a United States or foreign firm, corporation, or other legal entity which:
( 1 ) Meets exactly one of the qualifying relationships specified in the definitions of a parent, branch, affiliate or subsidia
specified in paragraph (l)(1)(ii) of this section;
( 2 ) Is or will be doing business (engaging in international trade is not required) as an employer in the United States and i
at least one other country directly or through a parent, branch, affiliate, or subsidiary for the duration of the alien's stay
the United States as an intracompany transferee; an
( 3 ) Otherwise meets the requirements of section 101(a)(15)(L) of the Act.
The regulation and case law confirm that ownership and control are the factors that must be examined in determinin
whether a qualifying relationship exists between United States and foreign entities for purposes of this visa classificatio
Matter of Church Scientology International, 19 I&N Dec. 593 (BIA 1988); see also Matter of Siemens Medical Systems, Inc
19 I&N Dec. 362 (BIA 1986); Matter of Hughes, 18 I&N Dec. 289 (Comm. 1982).
In the context of this visa petition, ownership refers to the direct or indirect legal right of possession of the assets of a
entity with full power and authority to control; control means the direct or indirect legal right and authority to direct th
establishment, management, and operations of an entity. Matter of Church Scientology International, 19 I&N Dec. at 595
Evidence may include, but is not limited to, copies of:
1. The most recent Securities and Exchange Commission Form 10-K, which lists all affiliates, subsidiaries, and branc
offices, and percentage of ownership.
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2. The most recent annual report, which lists all affiliates, subsidiaries, and branch offices, and percentage o
ownership.
3. A detailed list of owners, which includes the foreign entity’s owners’ names, and what percentages they own.
4. Meeting minutes, which list the stock shareholders and the number and percentage of shares owned.
5. Articles of incorporation and bylaws, including all amendments.
6. Stock certificates, which have been issued to the present date, clearly indicating the name of each shareholder.
7. A stock ledger, which shows all stock certificates issued to the present date, including total shares of stock sold
and names of shareholders.8. Proof of stock purchase.
9. The U.S. entity’s most recent federal income tax returns, which demonstrate the qualifying relationship to th
foreign entity.
10. The articles of organization, with the names of members and percentage of membership interests, issued by th
foreign entity.
11. The partnership agreement and registration documents, with the names of partners and the limits of the
liabilities.
12. The sole proprietorship registration documents, which indicate the ownership of the foreign entity.
13. Evidence that the U.S. entity is authorized to operate as a branch office in (foreign country) by the appropriat
(foreign nationality) agency.
Whether the Ownership and Control exists between the petitioner and the Qualifying U.S. Entity?
Evidence may include, but is not limited to, copies of:
1. The most recent Securities and Exchange Commission Form 10-K, which lists all affiliates, subsidiaries, and branc
offices, and percentage of ownership.
2. The most recent annual report, which lists all affiliates, subsidiaries, and branch offices, and percentage o
ownership.3. Meeting minutes, which list the stock shareholders and the number and percentage of shares owned.
4. Articles of Incorporation, which have been date-stamped “endorsed-filed” by the appropriate state official.
5. Stock certificates, which have been issued to the present date, clearly indicating the name of each shareholder.
6. A stock ledger, which shows all stock certificates issued to the present date, including total shares of stock sold
and names of shareholders.
7. Proof of stock purchase or capital contribution, such as the following:
wire transfer receipts;
bank statements;
cancelled checks; or
deposit receipts.8. The U.S. entity’s most recent federal income tax returns, which demonstrate qualifying relationship to the foreig
entity.
9. The articles of organization, with the names of members and percentage of membership interests issued by the
entity.
10. The partnership agreement and registration documents with the names of partners.
11. Sole proprietorship registration documents, which indicate the ownership of the entity.
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12. Evidence that the foreign entity has been authorized to operate as a branch office in the state of [STATE] by th
appropriate state agency.
13. The franchise purchase agreement, and documentation as evidence of the right and authority to direct th
management and operation of the U.S. entity.
Case Laws:
Matter of Church Scientology International
Ownership and control are the factors for establishing a qualifying relationship between entities for purposes of "L-1
classification. Ownership refers to the direct or indirect legal right of possession of the assets of an entity with full powe
and authority to control. Control means the direct or indirect legal right and authority to direct the establishmen
management, and operations of an entity.
Ownership and control are the factors for establishing a qualifying relationship between United States and foreign entitie
for purposes of "L-1" classification. See e.g. Matter of Siemens Medical Systems, Inc., 19 I&N Dec. 362 (Comm.1986
Matter of Hughes, 18 I&N Dec. 289 (Comm. 1982); see also Matter of Tassel, Inc., 17 I&N Dec. 631 (Acting Assoc. Comm
1981).
While an entity is usually in the form of a corporation, partnership, or sole proprietorship and is either a profit o
nonprofit organization, the nature and form of the entity are not relevant. Johnson-Laird, Inc. v. INS, 537 F. Supp. 52 (D
Or. 1981).
Qualifying foreign entity is doing Business
To qualify for L-1 classification, petitioner must be doing business in the United States and at least one other country. Th
may be directly or through a qualifying organization, for the duration of the beneficiary’s stay in this classification.
Evidence may include, but is not limited to, copies of:
The most recent annual report, which describes the state of the foreign entity’s finances.
Foreign tax documents.
Audited financial statements.
Purchase orders.
Invoices.
Bills of lading.
U.S. Customs documentation.
Whether Qualifying Foreign Entity is doing Business?
Evidence may include, but is not limited to, copies of:
1. The most recent annual report, which describes the state of the U.S entity’s finances.
2. Securities and Exchange Commission, Form 10-K.
3. Federal or state income tax returns.
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4. Audited financial statements, including balance sheets and statements of income and expenses describing th
U.S. entity’s business operations.
5. Major sales invoices identifying gross sales amounts reported on the income and expenses statement or o
corporate income tax returns.
6. Shipper’s export declaration or shipper’s export declaration for in-transit goods.
7. The U.S. entity’s U.S. Customs and Border Protection forms, Entry Summary and Customs Bond that show
business activity.
8. Business bank statements that show business activity.
Eligibility of the Beneficiary:
Whether the petitioner establishes that the beneficiary will be employed in the United States in a primarily manageria
or executive capacity? / Whether the petitioner has sustained its burden of proving that his duties are "primarily
managerial or executive?
The proposed position in the United States must be in a managerial or executive capacity. Petitioner must show this eve
if evidence indicates that the beneficiary performed in an executive, managerial, or specialized knowledge capacit
abroad.
Section 101(a)(44)(A) of the Act, 8 U.S.C. 9 1101(a)(44)(A), defines the term "managerial capacity" as an assignment withi
an organization in which the employee primarily:
1. manages the organization, or a department, subdivision, function, or component of the organization;
2. supervises and controls the work of other supervisory, professional, or managerial employees, or manages a
essential function within the organization, or a department or subdivision of the organization;
3. if another employee or other employees are directly supervised, has the authority to hire and fire or recommen
those as well as other personnel actions (such as promotion and leave authorization), or if no other employee i
directly supervised, functions at a senior level within the organizational hierarchy or with respect to the functiomanaged; and
4. exercises discretion over the day to day operations of the activity or function for which the employee ha
authority. A first line supervisor is not considered to be acting in a managerial capacity merely by virtue of th
supervisor's supervisory duties unless the employees supervised are professional.
Section 10 l(a)(44)(B) of the Act, 8 U.S.C. 9 1 101 (a)(44)(B), defines the term "executive capacity" as an assignment with
an organization in which the employee primarily:
(i) directs the management of the organization or a major component or function of the organization;
(ii) establishes the goals and policies of the organization, component, or function;
(iii) exercises wide latitude in discretionary decision making; and
(iv) receives only general supervision or direction from higher level executives, the board of directors, o
stockholders of the organization.
Petitioner may provide following evidence to address the above issue:
For beneficiaries who will enter United States in order to render services in a mana erial osition:
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1. A letter from an authorized representative of the U.S. entity stating the beneficiary’s expected manageri
decisions. The letter should describe the beneficiary’s typical managerial duties, and the percentage of time to b
spent on each. In addition, the letter should address:
How the beneficiary will manage the organization, department, subdivision, function, or component o
the organization;
How the beneficiary will supervise and control the work of other supervisory, professional, or manager
employees, or manage an essential function, department or subdivision of the organization;
Whether the beneficiary will have authority to hire and fire or recommend similar personnel actions (sucas promotion and leave authorization) if other employees will be directly supervised (or if no oth
employees will be directly supervised, how the beneficiary will function at a senior level within th
organizational hierarchy or with respect to the managed function); and
How the beneficiary will make decisions on daily operations of the activity or function under his or h
authority. If the beneficiary will be a first-line supervisor, submit evidence showing the supervise
employees will be professionals.
For beneficiaries who will enter United States in order to render services in an executive position:
1. A letter from an authorized representative of the U.S. entity describing the beneficiary’s expected executi
decisions. The letter should describe the beneficiary’s typical executive duties, and the percentage of time to b
spent on each. In addition, the letter should address:
How the beneficiary will direct the management of the organization, or a major component or functio
of the organization;
How the beneficiary will establish the goals and policies of the organization, component, or function;
How the beneficiary will exercise wide latitude in discretionary decision-making; and
Whether the beneficiary will receive only general supervision or direction from higher level executive
the board of directors, or stockholders.
2. An organizational chart or diagram, showing the U.S. entity’s organizational structure and staffing levels. List a
employees in the beneficiary’s immediate division, department, or team by name, job title, summary of dutie
education level, and salary. Clearly identify the beneficiary’s position in the chart.
3. Copies of the U.S. entity’s State Quarterly Wage Reports for the [1 st , 2 nd , 3 rd and 4 th quarter of year] th
were accepted by the State of state for all the organization’s current organizational structure and staffing leve
The forms should include the names, salaries, and number of weeks worked for all employees.
If employees listed on the Organizational Chart are not listed on the State Quarterly Wage Reports, petition
need to explain the reasons.
4. Copies of the U.S. entity’s payroll summary, and Forms W-2, W-3, and 1099-MISC evidencing wages paid to a
employees under the beneficiary’s direction.
Case laws:
A visa petition may not be approved based on speculation of future eligibility or after the petitioner or beneficia
becomes eligible under a new set of facts. See Matter of Michelin TireCorp., 17 I. & N. Dec. 248, 249 (BIA 1978); In th
Matter of Katigbak, 14 I & N Decisions 45 (1971);, Olamide Olorunniyo Ore v. Clinton, 675 F. Supp. 2d 217 - Dist. Court, D
Massachusetts 2009
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In reviewing the relevance of the number of employees a petitioner has, however, federal courts have generally agree
that USCIS "may properly consider an organization's small size as one factor in assessing whether its operations ar
substantial enough to support a manager." Family Inc. v. US. Citizenship and Immigration Services 469 F. 3d 1313, 131
(9th Cir. 2006)
It is appropriate for USCIS to consider the size of the petitioning company in conjunction with other relevant factors, suc
as a company's small personnel size, the absence of employees who would perform the non-managerial or non-executiv
operations of the company, or a "shell company" that does not conduct business in a regular and continuous manner. Se
e.g. Systronics Corp. v. INS, 153 F. Supp. 2d 7, 15 (D.D.C.2001).
The definitions of executive and managerial capacity each have two parts. First, the petitioner must show that th
beneficiary performs the high-level responsibilities that are specified in the definitions. Second, the petitioner must show
that the beneficiary primarily performs these specified responsibilities and does not spend a majority of his or her time o
day-to-day functions. Champion World, Inc. v. INS, 940 F.2d 1533 (Table), 1991 WL 144470 (9th Cir. July 30, 1991).
An application or petition that fails to comply with the technical requirements of the law may be denied by the AAO eve
if the Service Center does not identify all of the grounds for denial in the initial decision. See Spencer Enterprises v. Unite
States, 229 F. Supp. 2d 1025,1043 (ED. Cal. 2001), aft'd 345 F. 3d 683 (9'h Cir. 2003).
The expectation is that the U.S. business supports an executive or managerial position on extension. The prior approva
do not preclude USCIS from denying an extension of the original visa based on reassessment of petitioner's qualification
Texas A&M Univ. v. Upchurch, 99 Fed. Appx. 556, 2004 WL 1240482 (5th Cir. 2004).
Conclusory assertions regarding the beneficiary's employment capacity are not sufficient. Merely repeating the languag
of the statute or regulations does not satisfy the petitioner's burden of proof. F edin Bros. Co., Ltd. v. Sava, 724 F. Supp
1103, 1108 (E.D.N.Y. 1989).
The petitioner bears the burden of documenting what portion of the beneficiary'S duties will be managerial or executiv
and what proportion will be non-managerial or nonexecutive. Republic of Transkei v. INS, 923 F.2d 175, 177 (D.C. Ci
1991).
An employee who "primarily" performs the tasks necessary to produce a product or provide a service is not considered t
be "primarily" employed in a managerial or executive capacity. See sections 101(a)(44)(A) and (B) of the Act (requirin
that one "primarily" perform the enumerated managerial or executive duties); see also Matter of Church Scientolog
International, 19 I & N Dec. at 604.
Specialized knowledge must be relevant to the business itself and directly concerned with the expansion of commerce o
it must allow a business to become competitive in overseas markets. Matter of Michelin Tire Corporation, 17 I&N Dec. 24
(R.C. 1978)
In evaluating whether the beneficiary manages professional employees, the AAO must evaluate whether the subordinatpositions require a baccalaureate degree as a minimum for entry into the field of endeavor. Section 10 1 (a)(32) of the Ac
8 U.S.C. 5 1 10 1 (a)(32), states that "[the term profession shall include but not be limited to architects, engineers, lawyer
physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries." The term
"profession" contemplates knowledge or learning, not merely skill, of an advanced type in a given field gained by
prolonged course of specialized instruction and study of at least baccalaureate level, which is a realistic prerequisite t
entry into the particular field of endeavor. Matter of Sea, 19 I&N Dec. 817 (Comm. 1988); Matter of Ling, 13 I&N Dec. 3
(R.C. 1968); Matter of Shin, 1 1 I&N Dec. 686 (D.D. 1966).
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Whether beneficiary was employed in Managerial, Executive, or Specialized Knowledge Position Abroad? / Whethe
the petitioner established that the beneficiary has been employed by the foreign entity in a primarily managerial o
executive capacity?
The beneficiary must have at least one continuous year of full-time employment abroad with a qualifying organizatio
within the three years before his or her application for admission to the United States. The position must have bee
managerial or executive, or involved specialized knowledge.
Evidence may include, but is not limited to:
1. Copies of the beneficiary’s training, pay, or other personnel records. These should show the beneficiary wa
employed in a managerial, executive, or specialized knowledge position abroad.
2. An organizational chart or diagram, showing the foreign entity’s organizational structure and staffing levels. List a
employees in the beneficiary’s immediate division, department, or team by name, job title, summary of dutie
education level, and salary. Identify the beneficiary’s position in the chart.
For beneficiaries who will enter United States in order to render services in a managerial position:
1. A letter from an authorized representative of the foreign entity describing the beneficiary’s managerial decision
made on their behalf. The letter should describe the beneficiary’s typical managerial duties, and the percentage otime spent on each. In addition, the letter should address the following:
How the beneficiary managed the organization, department, subdivision, function, or component of th
organization he or she oversaw;
How the beneficiary supervised and controlled the work of other supervisory, professional, or manageria
employees, or managed an essential function, department, or subdivision of the organization;
Whether the beneficiary had the authority to hire and fire or recommend similar personnel actions (such a
promotion and leave authorization) if other employees were directly supervised (or if no other employe
was directly supervised, how the beneficiary functioned at a senior level within the organizational hierarch
or with respect to the managed function); and
How the beneficiary made decisions on daily operations of the activity or function under his or he
authority. If the beneficiary was a first-line supervisor, submit evidence showing the supervised employee
were professionals.
Note: A professional is an individual who is a member of the professions, such as
architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or
secondary schools, colleges, academies, or seminaries.
For beneficiaries who will enter United States in order to render services in an executive position:
1. A letter from an authorized representative of the foreign entity describing the beneficiary’s executive decision
made on their behalf. The letter should describe the beneficiary’s typical executive duties, and the percentage otime spent on each. In addition, the letter should address:
How the beneficiary directed the management of the organization, or a major component or function o
the organization;
How the beneficiary established the goals and policies of the organization, component, or function;
How the beneficiary exercised wide latitude in discretionary decision-making; and
Whether the beneficiary received only general supervision or direction from higher level executives, th
board of directors, or stockholders.
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If beneficiary’s employment abroad involved specialized knowledge:
1. A letter from an authorized representative of the foreign entity describing the beneficiary’s specialized knowledg
duties abroad. The letter should also describe the percentage of time spent on each duty. In addition, the lette
should:
Explain how the knowledge for the position is different than that for similar positions in the industry;
State the product, service, tool, research, equipment, process, or procedure the beneficiary uses tha
involves specialized knowledge;
Describe how the knowledge involved in the position is “advanced” within beneficiary organization’
processes and procedures;
Explain how petitioner equipment, system, product, technique, or service is “special,” and how it i
applied in the international marketplace;
Explain why someone else in this field cannot perform these duties;
State the minimum time required to obtain this knowledge, including training and actual experience
accrued after the completion of training; and
Explain how the beneficiary role in significant assignments has enhanced the employer’s productivity
competitiveness, image, or financial position.
Whether beneficiary was employed continuously for one year employment abroad?
Petitioner must show the beneficiary has at least one continuous year of full-time employment abroad with a qualifying
organization. This employment must have occurred within the three years before his or her application for admission to
the United States.
Evidence may include, but is not limited to:
1. Copies of the beneficiary’s pay records.
2. Copies of the beneficiary’s personnel records.3. Copies of the beneficiary’s training records.
4. A letter from the beneficiary’s supervisor(s) describing the beneficiary’s experience with the foreign entity.
5. A letter from the foreign entity’s Human Resource Department that discusses the beneficiary’s work history there
Case Laws:
Matter of Bocris
An alien beneficiary who, immediately preceding the filing of the visa petition, has been employed for more than one yea
abroad as an executive of the petitioner's French affiliate, and whose transfer to the United States is being sought fo
employment as an executive on a temporary basis, is eligible for classification as a nonimmigrant intra-compantransferee under section 101 (a) (15) (L) of the Immigration and Nationality Act, as amended, notwithstanding he is the
beneficiary of an approved sixth preference visa petition.
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Matter of Michelin Tire Corporation
In order to be eligible for nonimmigrant classification under section 101(a)(15)(L) of the Immigration and Nationality Act, 8
U.S.C. 1101(a)(15)(L), the beneficiary must have been employed continuously fort year by the petitioner at the time the
petition is filed with the Service. Having worked for the company for only 9 months, beneficiary failed to meet this time
requirement.
Matter of Thompson
(1) Dissolution of a foreign business or cessation of foreign business activity by the petitioner would not preclude an alie
beneficiary from being accorded status as an intracompany transferee since section 101(a)(15)(L) of the Immigration an
Nationality Act, 8 U.S.C. 1101(a)(15)(1;), only requires the employment of the beneficiary outside of the United States b
the foreign firm or other legal entity for one year prior to entry.
(2) The existence of a foreign employer or a foreign office of the United States employer is not required. Matter o
Chortler, 16 1&N Dee. Z.154 (B1A 1977).
In Matter of Continental Grain, 14 UN Dec. 140 (D.D. 1972), holds that a beneficiary's one year qualifying experience with
the petitioner must be wholly outside the United States, except for brief trips to the United States to attend conferences
training sessions, or similar functions.
Whether Beneficiary’s Qualifications qualify him/her to perform intended service in the US?
The beneficiary’s prior education, training, and employment abroad must qualify him or her to perform the intended
services in the United States. However, the work in the United States need not be the same work which the beneficiary
performed abroad.
Evidence may include, but is not limited to:
1. A letter from an authorized representative of the foreign entity describing the beneficiary’s employment. Th
letter should contain:
The beneficiary’s position title abroad and a description of all of the beneficiary’s duties for the foreig
employer;
An outline of all of the beneficiary’s positions while employed with the foreign entity;
Position descriptions and employment dates at any other affiliated companies abroad where th
beneficiary worked; and
An explanation of how the beneficiary’s prior education, training, and employment qualify him or her to
perform the intended services in the United States, even if the work performed abroad is not the sameas that which will be performed in the United States.
2. Copies of the beneficiary’s training, pay, or other personnel records. These should show the beneficiary wa
employed in a managerial, executive, or specialized knowledge position abroad.
3. An explanation and evidence that show how the beneficiary’s prior education, training, and employment qualif
him or her to perform the intended services in the United States, even if the work performed abroad is not the
same as that which will be performed in the United States.
4. Copies of the beneficiary’s transcripts.
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Intracompany Transferees: L-1A New Office (First Year)
The L-1 classification may be granted to individuals who, within three years preceding the time of his or her application fo
admission into the United States:
1. Have been employed abroad continuously for one year by a firm, corporation, or other legal entity;
2. Seek to enter the United States temporarily to render services to a branch of the same employer, or a parent
affiliate, or subsidiary; and
3. Will work in a capacity that is managerial or executive, or involves specialized knowledge.
For the beneficiary to be a manager or executive who will open or be employed in a new office in the United States
petitioner must show that:
1. Sufficient physical premises to house the beneficiary have been secured;
2. A qualifying relationship between the U.S. entity and foreign entity exists;
3. The beneficiary has been employed in an executive or managerial capacity for one continuous year in the thre
year period before the time of his or her application for admission to the United States;
4. The proposed employment involves executive or managerial authority over the new office;and
5. The proposed U.S. office will support an executive or managerial position within one year.
Matter of Chartier
An alien may be admitted into the United States as an intra-company transferee under section 101(a)(15)(L) of the Ac
even though the petitioning employer has no subsidiary or other legal entity abroad.
The following issues must be properly addressed when preparing L-1A for New Office:
1. Whether Sufficient Physical Premises has been secured to house the beneficiary? /whether the petitione
established that it has secured sufficient physical premises to house the new office?/ whether the petitione
intends to Secure physical premises for the one year required by regulations?/ whether the petitioner intends to
occupy the office to operate the intended business?
2. Whether the Qualifying Relationship exists between the two entities?
3. Whether Beneficiary has One Year Employment Abroad?
4. Whether beneficiary was employed in Managerial, Executive, or Specialized Knowledge Position Abroad?
Whether Sufficient Physical Premises has been secured to house the beneficiary? /whether the petitioner establishe
that it has secured sufficient physical premises to house the new office?/ whether the petitioner intends to Secure
physical premises for the one year required by regulations?/ whether the petitioner intends to occupy the office to
operate the intended business?
Petitioner must show that sufficient physical premises to house the beneficiary have been secured.
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Evidence may include, but is not limited to:
1. A complete copy of the U.S. entity’s lease, signed and dated by both the lessor and the lessee. This should indicat
the total square footage of the premises, including all office, production, manufacturing, and warehouse spaces.
2. A statement defining the U.S. worksite as a sales office, representative agency, distributorship, etc. This shoul
explain the type of building the U.S. entity is occupying, such as an office suite, factory, warehouse, apartmen
house, etc.
3. A letter from the owner or property management company confirming the property owner allows a sublease t
the U.S. entity (if applicable). The letter should also indicate that the U.S. entity is actually occupying anmaintaining the sub-lease agreement.
4. A copy of the contract between the owner and the lessee allowing sub-lease of the space, if applicable.
5. Color photos of the U.S. entity’s premises. We recommend that photos show the inside and outside of all factory
production, warehouse, and office spaces. Equipment, merchandise, products and employees should be visible
Also, include any company logos, emblems or signs displayed on and in buildings and on products.
6. Copies of escrow documents or evidence of title, if the U.S. premises are owned or being purchased. Includ
information about the square footage of the premises.
7. Petitioner also may provide business plan containing information regarding the start-up costs and initial operatin
expenses associated with the new office, such that it could be determined whether it has sufficient funds to carr
out its plans for the first year of operation.
Matter of Leblanc
The statute does not require that the beneficiary of a visa petition to accord nonimmigrant classification as an intra-
company transferee under section 101(a) (15) (L) of the Immigration and Nationality Act, as amended, be coming to an
existing office, branch or other establishment of his employer in order that the petition may be approved. While there
may be a question as to whether or not the petitioning company actually has an established and existing affiliate in the
United States at this time, where, as the record in the instant case shows, the petitioner has acquired physical premises
necessary to its functions here which evidences the bona fides of its intended operation in this country, the petition may
be approved if otherwise approvable.
Whether the Qualifying Relationship exists between the two entities?
To transfer an employee from a foreign entity to a U.S. entity as an L-1 nonimmigrant, a qualifying relationship must exis
between the two entities. Qualifying relationships may occur between branches of the same employer, or amongst paren
companies, affiliates, or subsidiaries. To show this relationship, petitioner must provide evidence of ownership an
control by one of these parties over the other.
Evidence may include, but is not limited to, copies of:
1. The most recent Securities and Exchange Commission Form 10-K, which lists all affiliates, subsidiaries, and branc
offices, and percentage of ownership.
2. The most recent annual report, which lists all affiliates, subsidiaries, and branch offices, and percentage o
ownership.
3. A detailed list of owners, which includes the foreign entity’s owners’ names, and what percentages they own.
4. Meeting minutes, which list the stock shareholders and the number and percentage of shares owned.
5. Articles of incorporation and bylaws, including all amendments.
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6. Stock certificates, which have been issued to the present date, clearly indicating the name of each shareholder.
7. A stock ledger, which shows all stock certificates issued to the present date, including total shares of stock sold
and names of shareholders.
8. Proof of stock purchase
9. Petitioner’s most recent income tax returns, which demonstrate the qualifying relationship to the foreign entity.
10. The articles of organization, with the names of members and percentage of membership interests, issued by the
foreign entity.
11. The partnership agreement and registration documents, with the names of partners and the limits of theiliabilities.
12. The sole proprietorship registration documents, which indicate the ownership of the foreign entity.
13. Evidence that the U.S. entity is authorized to operate as a branch office in (foreign country) by the appropriate
(foreign nationality) agency.
Ownership and Control of the Qualifying U.S. Entity
Evidence may include, but is not limited to, copies of:
1. The most recent Securities and Exchange Commission Form 10-K, which lists all affiliates, subsidiaries, and branch
offices, and percentage of ownership.
2. The most recent annual report, which lists all affiliates, subsidiaries, and branch offices, and percentage of
ownership.
3. Meeting minutes, which list the stock shareholders and the number and percentage of shares owned.
4. Articles of Incorporation, which have been date-stamped “endorsed-filed” by the appropriate state official.
5. Stock certificates, which have been issued to the present date, clearly indicating the name of each shareholder.
6. A stock ledger, which shows all stock certificates issued to the present date, including total shares of stock sold
and names of shareholders.
7. Proof of stock purchase or capital contribution, such as the following: wire transfer receipts;
bank statements;
cancelled checks; or
deposit receipts.
8. Petitioner’s most recent federal income tax returns, which demonstrate qualifying relationship to the foreign
entity.
9. The articles of organization, with the names of members and percentage of membership interests issued by the
entity.
10. The partnership agreement and registration documents with the names of partners.
11. Sole proprietorship registration documents, which indicate the ownership of the entity.12. Evidence that the foreign entity has been authorized to operate as a branch office in the state of state by the
appropriate state agency.
13. The franchise purchase agreement, and documentation as evidence of the right and authority to direct the
management and operation of the U.S. entity.
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Whether Beneficiary has One Year Employment Abroad?
Petitioner must show that the beneficiary has at least one continuous year of full-time employment abroad with
qualifying organization. This employment must have occurred within the three years before his or her application f
admission to the United States.
Evidence may include, but is not limited to:
1. Copies of the benef iciary’s pay records.
2. Copies of the beneficiary’s personnel records.
3. Copies of the beneficiary’s training records.
4. A letter from the beneficiary’s supervisor(s) describing the beneficiary’s experience with the foreign entity.
5. A letter from the foreign entity’s Human Resource Department that discusses the beneficiary’s work history the
Whether beneficiary was employed in Managerial, Executive, or Specialized Knowledge Position Abroad?
The beneficiary must have at least one continuous year of full-time employment abroad with a qualifying organizatio
within the three years before his or her application for admission to the United States. The position must have bee
managerial or executive, or involved specialized knowledge.
Evidence may include, but is not limited to:
1. Copies of the beneficiary’s training, pay, or other personnel records. These should show the beneficiary w
employed in a managerial, executive, or specialized knowledge position abroad.
2. An organizational chart or diagram, showing the f oreign entity’s organizational structure and staffing levels. List
employees in the beneficiary’s immediate division, department, or team by name, job title, summary of dutie
education level, and salary. Identify the beneficiary’s position in the chart.
For beneficiaries who will enter United States in order to render services in a managerial position:
1. A letter from an authorized representative of the foreign entity describing the beneficiary’s managerial decisio
made on their behalf. The letter should describe the beneficiary’s typical managerial duties, and the percentage
time spent on each. In addition, the letter should address the following:
How the beneficiary managed the organization, department, subdivision, function, or component of th
organization he or she oversaw;
How the beneficiary supervised and controlled the work of other supervisory, professional, or manager
employees, or managed an essential function, department, or subdivision of the organization;
Whether the beneficiary had the authority to hire and fire or recommend similar personnel actions (such
promotion and leave authorization) if other employees were directly supervised (or if no other employ
was directly supervised, how the beneficiary functioned at a senior level within the organizational hierarc
or with respect to the managed function); and
How the beneficiary made decisions on daily operations of the activity or function under his or h
authority. If the beneficiary was a first-line supervisor, submit evidence showing the supervised employe
were professionals.
Note: A professional is an individual who is a member of the professions, such as
architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or
secondary schools, colleges, academies, or seminaries.
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For beneficiaries who will enter United States in order to render services in an executive position:
1. A letter from an authorized representative of the foreign entity describing the beneficiary’s executive decision
made on their behalf. The letter should describe the beneficiary’s typical executive duties, and the percentage
time spent on each. In addition, the letter should address:
How the beneficiary directed the management of the organization, or a major component or function
the organization;
How the beneficiary established the goals and policies of the organization, component, or function; How the beneficiary exercised wide latitude in discretionary decision-making; and
Whether the beneficiary received only general supervision or direction from higher level executives, th
board of directors, or stockholders.
One Year Requirement:
Petitioner must show the new office will support an executive or managerial position within one year of petition approva
Petitioner must show this with evidence regarding:
1. The proposed nature of the office describing the entity, its organizational structure, and its financial goals;
2. The size of the U.S. investment and the financial ability of the foreign entity to pay the beneficiary and to beg
doing business in the United States; and
3. The organizational structure of the foreign entity.
Evidence may include, but is not limited to:
Information regarding the proposed nature of the new office, describing the scope of the entity, its organization
structure, and its financial goals:
1.
An original letter from the foreign entity explaining the need for the new office in the United States. The letteshould indicate the proposed number of employees and types of positions they will hold; the amount of the U.S
investment; and the financial ability of the foreign company to pay the beneficiary and commence doing busine
in the United States. In addition the letter should explain how the proposed business venture will, within on
year, support a managerial or executive capacity position.
2. A copy of the feasibility study by which the foreign parent company determined the need for, and the probabilit
that the proposed United States company would support, a manager or executive within one year of approval
the petition.
3. A copy of the business plan for commencing the start-up of the new office in the United States. The plan shoul
include a timetable for each proposed action for the one year starting with the date of filing the Form I-129.
4. Minutes of the meetings for the foreign entity to illustrate the discussions to form the U.S. entity.5. A copy of the proposed United States line and block organizational chart, showing ALL hierarchy and staffin
levels. List all proposed employees by name, job title, summary of duties, educational level, and salary.
Information regarding the size of the U.S. investment and the financial ability of the foreign entity to remunerate th
beneficiary and commence doing business in the United States:
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6. Proof of capital contribution to the U.S. entity, such as the following:
Initial wire transfers;
Cancelled checks;
Deposit receipts; or
Bank statements originating in the United States detailing monetary amounts for the capital contribution
7. Documents to show the foreign entity has paid for services to commence business at the United States locatio
such as utilities, payroll, legal and accounting fees, lease agreement, etc.
8. Foreign entity’s most recent filing of tax documents.9. Foreign entity’s audited balance sheets and statements of income and expenses showing the foreign entity
financial position.
10. Foreign entity’s most recent annual report, which describes the state of the foreign entity’s finances.
11. Foreign entity’s business bank statements for the last three months.
12. U.S. entity’s business bank statements, if available.
13. Current letters from the U.S. entity’s bank indicating when the account was opened, current status, and averag
balance. Have the bank include a list of names for all persons authorized to access all accounts and their affiliatio
to the foreign or U.S. entity.
14. U.S. entity’s most recent federal income tax return, if applicable.
Information regarding the organizational structure of the foreign entity:
15. A copy of the foreign entity’s organizational chart/diagram, showing ALL the organization’s organization
hierarchy and staffing levels.
Beneficiary is Owner or Major Stockholder of Company
If the beneficiary is an owner or major stockholder of the company, he/she must provide additional evidence. Specificall
petitioner must show:
1. The beneficiary’s service will be used for a temporary period; and
2. The beneficiary will be transferred to an assignment abroad upon completion of the temporary services in th
United States.
Evidence may include, but is not limited to:
1. A contract showing the assignment at the foreign entity and expected date of return.
2. A statement by the U.S. entity explaining the plan to replace the beneficiary’s services upon return to the foreig
entity.
3. A statement by the representative of the foreign entity. The statement may include:
An explanation regarding how the beneficiary’s duties will be covered during his period away;
The expected return date of the beneficiary to the foreign entity; and
The position the beneficiary will return to.
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A corporation is a separate and distinct legal entity from its owners or stockholders. A corporation, even if it is owned an
operated by a single person, may hire that person, and the parties will be in an employer-employee relationship. Se
Matter of M, 8 I&N Dec. 24, 50 (BIA 1958, AG 1958); Matter of Aphrodite Investments Limited, 17 I&N Dec. 530 (Comm
1980); and Matter of Tessel, 17 I&N Dec. 631 (Act. Assoc. Comm. 1980).
Matter of Isovic
(1) A petitioner seeking to classify an alien under section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C
1101(a)(15)(L), must demonstrate the intention to employ the beneficiary in the United States for only a temporarperiod.
(2) While a petitioner for an L classification generally need submit only a simple statement of the facts and a listing o
dates to demonstrate the intent to employ the beneficiary in the United Staten temporarily, where the beneficiary in th
owner/major stockholder of the petitioning company, a greater degree of proof is required.
Intracompany Transferee: L-1A New Office – Extension after the First Year
General Requirements for New Office Extension
To extend an L-1 nonimmigrant who opened a new U.S. office, petitioner must file a new petition and submit:
1. Evidence that the U.S. and foreign entities are still qualifying organizations;
2. Evidence that the U.S. entity has been doing business in the previous year;
3. A statement of the beneficiary’s duties for the previous year and in the future under the extended petition (t
establish qualifying U.S. employment);
4. A statement describing the new operation’s staffing, including the number of employees and types of position
accompanied by evidence of wages paid to employees; and
5. Evidence of the financial status of the U.S. operation.
Qualifying Relationship – Ownership and Control
To transfer an employee from a foreign entity to a U.S. entity as an L-1 nonimmigrant, a qualifying relationship must exis
between the two entities. Qualifying relationships may occur between branches of the same employer, or amongst paren
companies, affiliates, or subsidiaries. To show this relationship, petitioner must provide evidence of ownership an
control by one of these parties over the other. For the purposes of L-1 classification, ownership means the leg
possession of an organization.
Evidence may include, but is not limited to, copies of:
1. The most recent Securities and Exchange Commission Form 10-K, which lists all affiliates, subsidiaries, and branc
offices, and percentage of ownership.
2. The most recent annual report, which lists all affiliates, subsidiaries, and branch offices, and percentage o
ownership.
3. A detailed list of owners, which includes the foreign entity’s owners’ names, and what percentages they own.
4. Meeting minutes, which list the stock shareholders and the number and percentage of shares owned.
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5. Articles of incorporation and bylaws, including all amendments.
6. Stock certificates, which have been issued to the present date, clearly indicating the name of each shareholder.
7. A stock ledger, which shows all stock certificates issued to the present date, including total shares of stock sold
and names of shareholders.
8. Proof of stock purchase or capital contribution in exchange for ownership, such as the following:
wire transfer receipts;
bank statements;
cancelled checks; deposit receipts; or
evidence of the receipt of goods and their value..
9. Petitioning entity’s most recent income tax returns, which demonstrate the qualifying relationship to the foreig
entity.
10. The articles of organization, with the names of members and percentage of membership interests, issued by th
foreign entity.
11. The partnership agreement and registration documents, with the names of partners and the limits of the
liabilities.
12. The sole proprietorship registration documents, which indicate the ownership of the foreign entity.
13. Evidence that the U.S. entity is authorized to operate as a branch office in (foreign country) by the appropriat
(foreign nationality) agency.
14. The franchise purchase agreement, and documentation as evidence of the right and authority to direct th
management and operation of the foreign entity.
Ownership and Control of the Qualifying U.S. Entity
Evidence may include, but is not limited to, copies of:
1. The most recent Securities and Exchange Commission Form 10-K, which lists all affiliates, subsidiaries, and brancoffices, and percentage of ownership.
2. The most recent annual report, which lists all affiliates, subsidiaries, and branch offices, and percentage
ownership.
3. Meeting minutes, which list the stock shareholders and the number and percentage of shares owned.
4. Articles of Incorporation, which have been date-stamped “endorsed-filed” by the appropriate state official.
5. Stock certificates, which have been issued to the present date, clearly indicating the name of each shareholder.
6. A stock ledger, which shows all stock certificates issued to the present date, including total shares of stock sold
and names of shareholders.
7. Proof of stock purchase or capital contribution, such as the following:
wire transfer receipts; bank statements;
cancelled checks; or
deposit receipts.
8. The U.S. entity’s most recent federal income tax returns, which demonstrate qualifying relationship to the foreig
entity.
9. The articles of organization, with the names of members and percentage of membership interests issued by th
entity.
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10. The partnership agreement and registration documents with the names of partners.
11. Sole proprietorship registration documents, which indicate the ownership of the entity.
12. Evidence that the foreign entity has been authorized to operate as a branch office in the state of [STATE] by the
appropriate state agency.
13. The franchise purchase agreement, and documentation as evidence of the right and authority to direct th
management and operation of the U.S. entity.
Foreign Entity Doing Business:
Petitioner must show that a qualifying foreign entity continues doing business in at least one other country. The foreign
entity does not have to be the same entity that employed the beneficiary abroad. However, if the foreign entity whic
established a qualifying relationship to the U.S. entity for the new office petition is no longer doing business, petitione
must establish a qualifying relationship between the U.S. entity and a new foreign entity.
Evidence may include, but is not limited to:
a. The foreign entity’s most recent annual report.
b. The foreign entity's most recent filing of tax documents.c. The foreign entity’s audited balance sheets and statements of income and expenses for the past year.
d. Purchase orders.
e. Invoices.
f. Bills of lading.
g. U.S. Customs documentation.
U.S. Entity Doing Business:
Petitioner must show the U.S. entity has been doing business for the previous year.
Evidence may include, but is not limited to, copies of:
a. The most recent annual report, which describes the state of the U.S entity’s finances.
b. Securities and Exchange Commission, Form 10-K.
c. Federal or state income tax returns.
d. Audited financial statements, including balance sheets and statements of income and expenses describing
the U.S. entity’s business operations.
e. Major sales invoices identifying gross sales amounts reported on the income and expenses statement o
on corporate income tax returns.
f. Shipper’s export declaration or shipper’s export declaration for in-transit goods.
g. The U.S. entity’s U.S. Customs and Border Protection forms, Entry Summary and Customs Bond that show
business activity.
h. Business bank statements that show business activity.
i. Vendor contracts
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Beneficiary’s Duties:
Petitioner must submit a statement describing the beneficiary’s duties for the previous year, and those to be performe
under the extended petition.
Statements should describe the beneficiary’s duties for the previous year, and those to be performed under the extende
petition. Petitioner may also submit any evidence in support of the statement that petitioner deem appropriate to satisf
this requirement.
New Operation Staffing:
Petitioner must submit a statement describing the staffing of the new operation. This should include:
a. The number of employees;
b. Types of positions; and
c. Evidence of wages petitioner paid to employees while the beneficiary is employed in a managerial o
executive capacity.
Evidence may include, but is not limited to:
a. A detailed statement listing the number of employees and the types of positions.
b. The U.S. entity’s Quarterly Wage Reports for all employees for the last four quarters that were accepte
by the state. The forms should include the names, wages paid, and number of weeks worked for a
employees.
c. The U.S. entity’s payroll summary, W-2’s and W-3’s showing wages paid to employees in the past year.
d. A current organizational chart or diagram, showing the U.S. entity’s organizational structure and staffin
levels. List all employees in the beneficiary’s immediate division, department, or team by name, job titl
summary of duties, and salary. Clearly identify the beneficiary’s position in the chart. If applicable
indicate the number of employees he or she manages.
Financial Status of the United States Operation:
Petitioner must show the financial status of the U.S. operation.
Evidence may include, but is not limited to:
a. Federal or state income tax returns,
b. Audited financial statements, including balance sheet and statements of income and expenses describin
normal business operations for the past year.
c. Business bank statements that show business activity.
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Other issues should be addressed under L-1A classification may include:
Whether the beneficiary manages professional employees?
Whether its operations are substantial enough to support a manager?
Whether the description of the beneficiary's duties represents a credible perspective of the beneficiary's role within th
organizational hierarchy?
Whether the petitioner established that the beneficiary will be employed in a primarily managerial or executive capacit
under the extended petition?
Whether the petitioner established that the beneficiary would be employed in the United States in a primarily manager
or executive capacity within one year of approval of the petition?
Whether the petitioner established that the beneficiary possesses specialized knowledge and that he has been and will b
employed in a capacity requiring specialized knowledge?
Whether the petitioner established that the beneficiary would be employed in the United States in a primarily manager
or executive capacity within one year?
Whether the petitioner provided sufficient evidence of the size of the financial investment in the new United States offic
as required by 8 C.F.R. 3 214.2(1)(3)(v)(C)(2)?
Whether the beneficiary would be supervising a staff of bona fide managers and supervisors, or whether the beneficiary
subordinates would be performing the day- to-day tasks necessary for the successful operation of the business?
Whether the company employs sufficient staff to relieve the beneficiary from primarily participating in non-qualifyin
duties?
Whether the beneficiary or his subordinate personnel require bachelor's degrees, such that they could be considere
professionals?
Whether the petitioner submitted sufficient evidence to establish that it had secured sufficient physical premises to hous
the new business at the time the Form 1-1 29 was filed?
Whether the petitioner and the beneficiary's foreign employers share common ownership and control such that the
could be deemed to have a qualifying relationship?
Whether such staff would be hired during the first year of operations?
Issues under L-1B Classification:
Whether or not the beneficiary actually possesses specialized knowledge?
Whether the petitioner established that the beneficiary possesses specialized knowledge and that he has been and will b
employed in a capacity requiring specialized knowledge?
Whether the beneficiary's knowledge of and experience with the petitioner's proprietary tools, processes an
methodologies alone constitutes specialized knowledge?