OVERVIEW OF THE L-VISA APPLICATION PROCESS

⚖️ ELIGIBILITY CRITERIA

Qualifying relationships are legally defined as those in which the petitioning company is  a parent, branch office, subsidiary, or affiliate of the foreign business entity; these are collectively known as “qualifying entities” or “qualifying organizations.”

The following provisions apply to the  L-1A beneficiary :

He or she must have worked overseas for the foreign company for a continuous period of 12 months within the three years immediately prior to his or her admission to the United States. Any time spent working here will not count toward the one year of required foreign employment.

He or she must have been employed abroad in an executive or managerial position, which is also known as a “qualifying position.”

He or she must be coming here for the purpose of providing services in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

• According to federal law, “Executive capacity” is defined as the employee’s ability to make decisions with wide discretion and without much oversight.
• “Managerial capacity”  is generally defined as the employee’s ability  to oversee the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision.

The employee must be qualified for the position based on his or her education and experience.

The employee must have the intention to leave the United States upon completion of his or her authorized stay.

📑 SUPPORTING DOCUMENTS 

A “business entity” is defined as any of the following: corporations, nonprofits, and religious or charitable organizations.

Information / Documents required from the Foreign National:

• A copy of his or her passport, including the I-94;
• A copy of his or her resumé;
• Copies of college or university transcripts;
• Copies of letters from employers documenting previous experience;

Information / Documents required from the Foreign Company:

• A company pamphlet;
• Copies of the articles of incorporation;
• Copies of stock certificates;
• A copy of the official business plan;
• Copies of the company’s financials;
• Copies of bank statements;
• Copies of the business’s lease, telephone and utility bills;
• Copies of relevant contracts;
• A copy of the organizational chart;
• Evidence of the qualifying relationship between the U.S. and foreign employer;

Information / Documents required from the U.S. Company (if available):

• A company pamphlet;
• Copies of the articles of incorporation;
• Copies of stock certificates;
• A copy of the official business plan;
• Copies of the company’s financials;
• Copies of bank statements;
• Copies of the business’s lease, telephone and utility bills;
• Copies of relevant contracts;
• A copy of the organizational chart;

⚖️  ELIGIBILITY CRITERIA

The company must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and

Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization, for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business is defined as the activity carried out by a qualifying organization that includes the regular, systematic, and continuous provision of goods and/or services. The mere presence of the qualifying organization’s agent or office in the United States and abroad does not satisfy this definition.

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge is defined as an employee’s proficiency in the petitioning organization’s product, 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 (See 8 CFR 214.2(l)(1)(ii)(D)).

📑 SUPPORTING DOCUMENTS 

• Documentation of the foreign employee’s training, work experience, or education during which he or she has been using or developing the claimed specialized knowledge;
• Evidence of the impact the alien’s transfer would have on the petitioner’s U.S. operations;
• Proof that he or she  is qualified to make significant contributions to the U.S. business’s knowledge of foreign operating conditions as a result of knowledge not generally available in the petitioning organization’s U.S. operations;
• Contracts, statements of work, or other documentation that demonstrates that he or she has knowledge that is particularly beneficial to the petitioner’s competitiveness;
• Paperwork includes correspondence or reports, showing that he or she has been employed abroad in a capacity involving assignments that have significantly enhanced the petitioner’s productivity, competitiveness, image, or financial position;
• Personnel or in-house training records demonstrating that his or her claimed proficiency or expertise can only be gained via prior experience or training with the petitioner;
• Curricula and training manuals for in-house training, financial documents, or other proof that he or she has knowledge of a product or process, that can’t be easily transferred to another individual without the petitioner incurring significant economic cost or inconvenience;
• Patents, trademarks, licenses, or contracts the petitioner gained through his or her work;
• Evidence that his or her expertise or proficiency pertains to a process or product that is sophisticated, complex, or of a highly technical nature (though not necessarily proprietary);
• Any relevant records verifying the positions he or she held and the compensation he or she received from the petitioning organization;

🗂 MATERIALS TO BE SENT IS AS FOLLOWS:

1️⃣Form I-129 with L Supplement; 2️⃣Supporting documents based on your L-Visa classification 3️⃣Filing fee

FILING FEE / WHERE TO SEND PACKAGE

The Filing fee for these visa applications is $460

For the most current information about where to file this application, visit the Direct filing addresses for form i-129 page