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L-1 Visa Questionnaire
This is a useful visa category for Multinational Companies (MNC) as it facilitates the movement of employees to and from the United States. The employees to be transferred to the United States must have worked with the U.S. entity's foreign parent, subsidiary, affiliate or branch entity abroad for at least one year in the three years prior to seeking entry in the U.S. in L status. The foreign nationals must be coming to the U.S. to fill an executive, managerial or specialized knowledge position and must demonstrate that through their employment with the foreign entity they have acquired a certain knowledge about the processes, product, services, and/or policies of the company as a whole which is indispensable to performing the duties of the U.S. position. If the U.S. position is managerial or executive in nature, L status will be granted for a total period of 7 years. If the U.S. position is one where "specialized knowledge" is required, L status is granted for a total period of 5 years.
Basic Requirements for Obtaining L-1 Nonimmigrant Status
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You must have work abroad for the overseas company for a continuous period of one year in the preceding three years. If you have spent some time in the US in the preceding year, each day in the US during the preceding year adds one day to the total time that you must have been employed by the overseas company;
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The company for which you have worked for a year abroad must be related to the U.S. company in a specific manner;
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The company must be a qualifying organization - one that is doing business in the United States and one other country during the whole period of the transfer; and
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You must be employed abroad in an "executive" or "managerial" position or a position involving "specialized knowledge" and come to the United States in a similar capacity.
Documents From Company Abroad
Please provide the following documents:
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Copy of Articles of Incorporation or similar depending on organizational form;
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Copy of business license, if applicable;
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Evidence of continuing existence and viability of the business (please include as many of the following as may be accessible):
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Advertising material and brochures;
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Certified copy of lease of premises or title deed to fixed property;
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Latest financial statements (Balance Sheets, Statements of Income and Expenses, etc.) showing the foreign entity’s financial position;
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Business bank statements for the last twelve (12) months;
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Invoices to customers and from suppliers and/or contracts showing ongoing trading;
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Pictures of products, premises, staff and equipment (in duplicate), where applicable;
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Submit a list of all employees including names and job titles for the last three (3) of years;
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Copies of business tax returns;
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Copies of the company’s Payroll Summary evidencing wages paid to employees;
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Submit copies of the business entity telephone records for the past six (6) months; and
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Copies of export and shipping documents (if applicable);
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Detailed description of the business including nature of business, number of employees and gross annual income;
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Copies of payroll or other evidence of beneficiary’s experience with the overseas company for at least 1 of the last 3 years;
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Either submit a formal business plan for the US entity or describe herein the details of the business plan including revenue projections and numbers of employees;
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Evidence of proposed purchase of US Business Entity (if applicable) may include wire transfers, canceled checks, deposit receipts, etc., detailing monetary amounts for the stock purchase. Provide the account holder names and affiliation to the foreign entity for all persons making purchases and the bank accounts that were used. These must clearly indicate verifiable originators of the amounts deposited or wired;
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If the foreign or U.S. entities are publicly traded companies, please provide the annual report indicating the relationship between the two entities. [Employer abroad and employer in the US];
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Organizational Chart for Foreign Business Entity describing managerial hierarchy and beneficiary’s position within the hierarchy and staffing levels. This is best accomplished by indicating:
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The current names of executive(s), manager(s), supervisor(s),the beneficiary's position in the chart; and
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The names of other existing employees within each department or subdivision;
Documents From U.S. Subsidiary or Affiliated Company
Please provide the following documents:
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Copies of Annual Report (if applicable);
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Copies of Articles of Incorporation (Corporation), Articles of Organizations (LLC), partnership agreement, or similar depending on organizational form showing ownership structure of US entity;
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Copies of Stock Certificate(s) (if applicable);
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Qualification to do business in the state(s) where business office(s) are located (if applicable);
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Gross and net annual income of business entity (state if this figure is estimated/or projected);
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Current or projected number of employees;
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Nature and type of business conducted or to be conducted;
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Copy of lease or title (deed) for business premises (also include square footage of the office premises and/or warehouse, if any. It must be shown that sufficient physical premises have been secured for the type of business indicated in the petition);
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Evidence of capital contributions or payment of stock which must include evidence showing the legal transfer of funds for payment of the stock ownership. Such evidence may include wire transfers, canceled checks, deposit receipts, etc.
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Evidence of financial viability of the U.S. enterprise must be established, in particular, the ability to pay the salary of the employee. Please present as many of the following as possible:
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Copies of bank statements since date of establishment to the present, or bank statements showing availability of funds for a start-up company);
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Latest financial statements (indicating gross and net income);
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Evidence of all assets which have been purchased for use in the U.S. enterprise, including: sales receipts to identify such assets, their purchase cost, date of purchase, and purchasing entity;
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Invoices from suppliers and invoices to customers;
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Advertisement material/brochures including evidence that you have advertised your products/services in the business area in which the company advertises;
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Copies of latest corporate financial statements including Balance Sheets, Statements of Income and Expenses describing the petitioner's past and current normal business operations (if applicable);
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Copies of payroll records and W-2 and W-3 evidencing wages paid to employees (if applicable);
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Copies of federal and state tax returns for last three (3) years;
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Organizational Chart describing the US entity’s managerial hierarchy and staffing levels. This is best accomplished by indicating:
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The current names of executive(s), manager(s), supervisor(s), the beneficiary's position in the chart;
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The names of other existing employees within each department or subdivision;
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Clearly indicate all existing employees to be under the beneficiary's supervision in the U.S. including: Names, job title, Brief job duties, nonimmigrant status (L-l, H-1B etc.); and
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For U.S. business entities that have been in existence for more than one fiscal year, please provide the following:
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Complete and submit the IRS Form 8821. Follow the instructions on the form to complete all of the information in Part 1 and enter an authorized signature in Part 7. Print the name and title of the person signing this form. INS will use this form to obtain copies of your Forms 1120, 2220, 4562 and 4572 (as appropriate) to verify your federal income tax information. This information will not be released to any other agency; and
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Letter from bankers certifying that the US business entity has sufficient funds within the USA to make payment of the employee's income--approximately $25,000.00 should be deposited in business bank account.
Documents from Foreign National
Please provide the following documents when you submit your completed questionnaire:
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Copies of all educational degrees and transcripts;
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Up-to-date curriculum vitae (resume);
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Copy of your passport (all pages) and passports of all accompanying family members;
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Copy of I-94 card (front and back side) and all accompanying family members ;
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Copies of all previous visa approval notices (e.g. H-1B, L-1, J-1, EAD, etc.);
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Most recent pay stubs from your employer;
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Copy of marriage certificate; and
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Copy of your birth certificate and all accompanying family members.
Nonimmigrant Visa Questionnaire
Please provide the following information for each family member traveling to the United States with the principal applicant. Please note that you must complete all information in order to submit the form. If a question is not applicable, simply input "N/A." If you do not yet have the required information such as your U.S. address, input "Unknown." As soon as you have more information, such as your new address, please provide it to us immediately. If you fail to provide complete answers to any of these questions, processing your application or petition will take significantly longer than we anticipated.
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