California Immigration Law Lawyers

L-1A Document List

 (Documents Required in Order to Obtain L-1 Petition Approval)

 Note: You may submit a copy of the documents, however, the Immigration Service and/or US Consulate has the right to request production of the original of any document submitted.  Furthermore, all documents in a foreign language must be accompanied by a complete and accurate English translation.

Documents Pertaining to the Foreign Corporation or Business Entity:

1.      Copy of the Memorandum and Articles of Association of the foreign corporation, or documents of registration for the foreign business entity. 

2.      Notarized Statement by the Secretary and/or Accountant of the foreign business as to the Officers, Directors, and Shareholders; Percentage of Shares held by each; and the number of employees. 

3.      Copy of the Latest Balance Sheet and Profit and Loss Statement for the foreign business. 

4.      Evidence that the foreign business has been operating for the past year, together with evidence that it is still operating.  This should include current invoices, bills of sale, lease for the operation of the business, insurance policies (if any), business advertisements, brochures, contracts, etc. 

5.      Copy of the latest Income Tax Return for the foreign business. 

6.      Copy of bank letter for the foreign business, indicating the present balance, and the status of the account for the preceding year. 

7.      Copy of foreign business’ payroll records, showing the number of employees and showing beneficiary on the payroll for the preceding year. 

8.      Copies of any current licenses required to operate the foreign business. 

9.      Letter addressed to the Immigration and Naturalization Service, on the stationary of the foreign business, and signed by a person in authority, other than the beneficiary.   The following is a sample of such a letter: 

Date: 

Dear Sir or Madam: 

            This is to advise that (Name of Beneficiary) has been (Title or Position) of this company since (Date).  This company is involved in the (Description of Business Activities), and (Name of Beneficiary) has (Description of Beneficiary’s Duties). 

            As Manager / Executive he supervises and directs (# of) employees who hold the following positions:

1.      _________________________

2.      _________________________

3.      _________________________

Etc. _________________________ 

This company has recently formed a (Subsidiary / Affiliate / Branch Office) known as (Name of US Corporation) located in (City and State), which company will be involved in (Nature of Business of US Corporation). 

It is our desire to transfer (Name of Beneficiary) to our (Name of State) Corporation to act as (Title and Position to be Held).  It is expected that the company will employ approximately (# of) employees the first year, who will be managed and directed by the beneficiary, and that the gross annual income for the first year will be approximately $________. 

It is expected that the services of Mr. (s) (Name of Beneficiary) will be required for a period of 2-3 years, at which time he/she will return to this company.  During his/her stay in the United States, his/her duties will be performed by (Name of Officer or Executive in Foreign Company) who is presently (Position) of the company. 

It would be appreciated if you would grant the petition filed on behalf of Mr(s) (Beneficiary). 

Sincerely,

(Signed by an Officer of the Foreign Company

other than Beneficiary)

******************************************************** 

Documents Pertaining to the U.S. Corporation or Business Entity: 

1.      Certificate and Articles of Incorporation of the U.S. Corporation, or documents evidencing the sole proprietorship or partnership status of the enterprise.  

2.      Minutes of the U.S. Corporation showing the officers, directors, and shareholders along with confirmation of the affiliation/subsidiary relationship; or other documents establishing the persons who control or direct the operations of the business. 

3.      Copies of all issued stock certificates of the U.S. Corporation.  (If all of the stock is not issued, a statement from the attorney for the corporation attesting to the fact that the remaining shares are un-issued and are treasury stock is necessary). 

4.      Business Lease for the operation of the U.S. business entity. 

5.      All occupational licenses for the operation of the U.S. business entity. 

6.      Bank letter(s) showing the balance in the account of the U.S. business entity. 

7.      If monies were transferred from outside of the U.S., evidence of the transfer of said funds. 

8.      If the business is currently operating, a Balance Sheet or Financial Statement of the U.S. business entity. 

9.      If the business is currently operating, a copy of the latest Employer’s Quarterly Tax and Wage Report, showing the number of employees. 

10.  If the business is currently operating, a copy of the last U.S. Income Tax Return filed by the U.S. business entity.