L-1

The L-1 category allows multinational companies, large or small, to transfer their managers, executives, or workers with specialized knowledge, to a branch, subsidiary or affiliate of the company in the United States. The services performed must be temporary in nature. The alien applicant is required to be employed by the parent company for one year or more preceding entry.

To start the application, the U.S. subsidiary or affiliate files a petition Form I-129B with the INS to obtain permission for the transfer. Upon approval of the petition, an approval notice (Form I-171C) is issued. If the alien is outside of the United States, he/she is interviewed by U.S. consulate abroad, where information and documents in support of the application are verified and the applicant's nonimmigrant intent established. The alien is then issued an L-1 visa by the consul and can then enter the United States. Spouse and minor children of the alien may apply for L-2 visas to accompany the alien to the States. If the alien is already in the States in a different nonimmigrant category, he/she can apply for a change of nonimmigrant status (Form I-506) to a L-1 status. Remember this is not a visa and the status is lost once the alien leaves the States for any reason.

Documentation Required

For the Parent Company:

• Articles of Incorporation and bylaws
• List of directors and executives
• Financial statement and balance sheet for the past two years
• Business licenses
• Corporate resolution authorizing establishment of a United States subsidiary
• Employment letter (Certificate of Employment)
• Letter of introduction to INS.
• Brochures, catalogue, photographs, invoices, etc.