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L-1 Status

IMMIGRATION PROCESSES

L1 Status:

Employees who have worked for a particular company abroad for at least one full year may be eligible for an L-1 (Intracompany Transferee) visa. Intracompany Transferees include managerial and executive employees (L-1A) and employees with “specialized knowledge” of the company’s processes and procedures (L-1B).

  1. Eligibility requirements for an L-1 Visa
    The employee must have worked abroad for at least one year in the last three years in either a “specialized knowledge” capacity or as a manager or executive. There is one exception: a transfer under a pre-approved “blanket L petition” requires the employee to have worked in the foreign company for only six months. A U.S. company must be requesting that the employee be transferred to the U.S. to assume a specialized knowledge or managerial or executive position.
  2. What is “specialized knowledge”?
    “Specialized knowledge” is knowledge of the employer’s products, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
  3. What steps are involved in the processing of an L-1 application?
    The employer must file an L-1 petition with the appropriate USCIS regional service center. A beneficiary from Canada can apply for the L-1 at the border and does not have to wait on the regional service center.
  4. How long will it take to go through the L visa process?
    Processing times for the L-1 process will vary depending on the employee’s qualifications and government backlogs at the relevant U.S. consular post and the USCIS. On average, processing time of an L visa application at a consular post is 3-5 business days, processing time at the USCIS is usually four to eight weeks.
  5. Extension of L-1 visa status
    Extensions of L status should be filed during the six-month period prior to expiration of current stay. Extensions are generally granted in two-year increments, up to a maximum of five years for specialized knowledge employees (L-1B) and seven years for managers and executives (L-1A). This time is cumulative of all U.S. stay in H or L status for any employer. If the extension application is filed prior to expiration of the current authorized stay, you automatically have continued work authorization for up to 240 days while the application is pending. There may be restrictions on international travel, however, while the extension application is pending. Consequently, it is recommended that the extension be filed approximately five months prior to expiration of current stay for those individuals with international travel plans.You should contact HR or Kuck Casablanca LLC approximately six months prior to expiration of your current L visa status to ensure sufficient time remains to process an extension.

SUPPORT DOCUMENTATION FOR
LABOR CERTIFICATION APPLICATION

  1. CORPORATE (Prospective U.S. employer):
  1. Certificate and Articles of Incorporation;
  2. Employer’s Federal Tax Identification Number;
  3. Current annual report and/or audited financial statement, or federal corporate income tax return;
  4. Lease or deed for business premises;
  5. Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
  6. A complete job description for the individual’s proposed position — including a list of all job duties; title of immediate supervisor, number and title of persons supervised, and annual salary and benefits information; and
  7. Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents.

 

  1. INDIVIDUAL (Foreign national)
  1. Completed General Immigration Questionnaire and Completed Labor Certification Questionnaire;
  2. Photocopies of individual’s passport and those of his immediate family members who will accompany him to the United States;
  3. Individual’s resume, curriculum vitae, etc.;
  4. Photocopy of individual’s university or trade school diplomas and certificates, and course transcripts, if available;
  5. Photocopy of individual’s professional licenses, professional society membership certificates or cards, etc; and
  6. Any available reference letters verifying the individual’s prior work history.

If possible, English translations should be provided for any foreign language documents.

SUPPORT DOCUMENTATION FOR L‑1 PETITION

CORPORATE (prospective U.S. employer):
  1. Certificate and Articles of Incorporation and copies of Share Certificates verifying ownership of U.S. Employer;
  2. Certificate and Articles of Incorporation and copies of Share Certificates or contracts verifying owners of foreign employer;
  3. Employer’s Federal Tax Identification Number;
  4. Current annual report and/or audited or unaudited financial statement, or corporate income tax return for both the U.S. Employer and the foreign employer;
  5. Lease or deed for business premises;
  6. Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
  7. A complete job description for the individual’s proposed position — including a list of all job duties; title of immediate supervisor, number and title of persons supervised, and annual salary and benefits information; and
  8. Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents.
INDIVIDUAL seeking L-1 status:
  1. Completed Immigration Questionnaire and L-1 Addendum (KC Forms) (attached);
  2. Photocopies of individual’s passport and those of his immediate family members who will accompany him to the United States ;
  3. Photocopies of individual’s university or trade school diplomas and certificates, with course transcripts, if available;
  4. Photocopy of most recently available governmental income tax withholding form (similar to the U.S. “W-2” Wage and Tax Withholding Statement, such as Canadian “T‑4,” British “P60” or Australian “Group Certificate”) showing year, name of foreign employer, name of employee, salary paid, tax withheld, etc.; and
  5. Individual’s resume, curriculum vitae, etc.
If possible, English translations should be provided for any foreign language documents

DOCUMENTS NEEDED TO PROCESS NEW BUSINESS L-1 VISA

Documents from Foreign Company:
  1. Proof of incorporation from official source (such as city or province with which the business is registered);
  2. Copies of incorporation papers (papers given by the city or province evidencing that the business exists and has the right to do business); and
  3. Copies of ownership documents (stock certificates or other documents that list the owners of the business or the shares of the business).
  4. Evidence that the Foreign company has been doing business for one year or longer:
    1. Copies of invoices or tax payment receipts from the past year — enough to show company is substantial and has been and is doing business;
    2. Copies of payment orders to banks;
    3. Any other money transfer documents in the name of the company, again showing that he company is active and doing business;
    4. Copies of payroll records that include a payroll ledger and proof of payment of salaries to employees (must be more that two employees) for the past year — at least one record per quarter is required;
    5. Financial statements
      1. Balance sheet — this balance sheet should show enough available cash (profit from the last year) to support the U.S. operation for at least one year (there is no minimum amount, but we suggest that the amount be at least equal to the salary the executive will draw in the United States);
      2. Profit and Loss statement;
    6. Customs documents as applicable (if the company is in the import/export business);
    7. Ten photographs (either 3×5 or 4×6) of the interior and exterior of the Company’s office/warehouse and photos of employees working there; and
    8. Copy of lease or deed for business premises, valid for at least one year;
  5. Evidence of beneficiary’s employment for one year of the past three as an executive or manager:
    1. Letter rom high level manager or executive in foreign business indicating job duties and time of service; and
    2. Organizational chart of the employees of the foreign business.
  6. Current Number of Employees
Documents from U.S. company:
  1. Articles and Certificate of Incorporation, and By-Laws;
  2. Minutes showing stock authorization and distribution;
  3. Stock certificates;
  4. Stock Transfer Ledger;
  5. Lease for place of business in the United States (you must obtain or find someone to obtain this location);
  6. Ten photographs of interior and exterior of building in the United States that will be the place of business; and
  7. Business Plan from a certified public accountant or company executive (we suggest using a computer program called BIZPLAN to prepare this document).
  8. Evidence of Investment:
    1. Money transfer documents from foreign company directly to U.S. company bank account (we suggest approximately $5,000 to $20,000);
    2. Bank letter or statement showing money has been received; and
    3. If the U.S. company has been doing business for one year, we need transactional documentation showing this, include invoices, bills of lading, customs receipts, etc.
  9. Business licenses where applicable
  10. Organizational chart identifying individual’s proposed position listing name/title of direct supervisor and name(s)/title(s) of any direct subordinates
  11. Name, title, address and telephone number for signatory
  12. Current number of employees
  13. Copies of most recent federal income tax returns and/or audited financial statements
Documents from Individual:
  1. Completed NIV Questionnaire;
  2. Photocopies of individual’s passport, visa, and Form I-94 card;
  3. Photocopies of individual’s university or trade school diplomas and certificates, with course transcripts, if available;
  4. Photocopy of most recently available governmental income tax withholding form (U.S. “W 2” Wage and Tax Withholding Statement, Canadian “T 4,” British “P60” or Australian “Group Certificate”, or similar foreign tax authority document) showing year, name of foreign employer, name of employee, salary paid, tax withheld, etc.;
  5. Individual’s resume, curriculum vitae, etc.;
  6. Photocopy of individual’s Form I-797 Notice of Action evidencing current approved visa status in the United States;
  7. Letter from individual’s employer overseas indicating his/her job title and the month and year he/she commenced employment;
  8. Description of his/her current job duties with overseas employees – include number and title of subordinate employees and any specialized knowledge; and
  9. If any immediate family members will accompany him/her to the United States – photocopies of passport pages, visa, Form I-94 card, current and prior Form I-797 Notice of Approval evidencing prior visa statuses, marriage certificate, and birth certificate of children.

English translations should be provided for any foreign language documents

QUESTIONNAIRE FOR H-1B OR L-1 VISA:

Last name: First name: Middle:
List all other names used:
Home Address:
Home telephone #: Home fax #:
Office Address, including M/S#:
Office telephone #: Office fax #:
Title of your position:
H. R. Contact:
H.R. Telephone # & e-mail:
Date of Birth: Place of Birth:  (mo/day/yr) (City, State, Country)
Social Security #: Nationality:
A# (if any): Male/Female:
Current Non-immigrant status: Expires on:
Have you ever before applied for permanent residence status? If so, give date and place of filing
and final disposition:
If you would like further information or to discuss a potential case, please call our office at 404.816.8611 to set an appointment with one of our experienced immigration attorneys, or you schedule your consultation online here.