Ferro & Cuccia Law Firm

NONIMMIGRANT WORK VISAS - DETAILS

L-1 visa

An L-1 visa is a special type of work visa in which an executive or upper level manager, or a worker with specialized knowledge, is transferred from the foreign branch of a multinational company to the U.S. branch – even if the U.S. branch is a brand new office.

In order to obtain this visa, we have to prove several things:

1. That the U.S. company and the foreign company are essentially the same employer, or are affiliated, or one is a subsidiary of the other, or that there is 50% or more common ownership between the two.

2. That both branches/companies are currently and actively engaging in business.

3. That the applicant was previously employed by the foreign company for one or more years out of the last three years.

4. That the applicant was employed either (a) as an executive or upper-level manager, or (b) as a worker with specialized knowledge of the company or its products or services..

MANAGER / EXECUTIVE

To qualify for an L-1 visa as a manager, the applicant must primarily:
- manage the organization, or a department or function of the organization
- supervise the work of either professionals or other supervisors or managers, or manage an essential function within the organization
- have authority to hire, fire or recommend personnel action, or function at a senior level within hierarchy or function, AND - exercise discretion over day-to-day operations of activity or function.
SPECIALIZED KNOWLEDGE

“Specialized knowledge” means a special knowledge of the company’s product, services, research, equipment, techniques, management or other interests and its/their respective application in international markets – or an advanced level of knowledge of processes and procedures of the company.

In determining whether a person’s knowledge is specialized, the government looks at the following characteristics:
- whether the worker possesses knowledge that is valuable to the employer’s competitiveness in the marketplace;
- whether the worker is uniquely qualified to contribute to the U.S. employer’s knowledge of foreign operating conditions;
- whether the worker has been utilized as a key employee abroad and has been given significant assignments which have enhanced the employer’s productivity, competitiveness, image or financial position;
- whether the worker possesses knowledge that can be gained only through extensive prior experience with that employer.
EVIDENCE

The following is a list of documents and evidence that the United States Citizenship and Immigration Services (U.S.C.I.S.) often requires to establish eligibility for an L-1 visa. Some are necessary, some are simply recommended. If you don’t have one or more of the following, please consult us and we will advise accordingly.

Evidence pertaining to the company inside the United States
- articles/certificate of incorporation, or other documentation establishing ownership (joint-venture agreements, stock certificates and stock ledgers, etc.)
- business plan - tax and/or financial documents
- commercial lease (including square footage of space)
- photographs of the worksite (both inside and outside)
- list of clients (suppliers, manufacturers, etc.)
- list of employees
- sample contracts, invoices, bills of lading, and any other evidence that might establish that the company is currently doing business
Evidence pertaining to the foreign company:
- articles/certificate of incorporation, or other documentation establishing ownership (joint-venture agreements, stock certificates and stock ledgers, etc.)
- tax and/or financial documents
- organizational chart and/or list of employees and their respective job titles
- brochure or specific description of the company’s activities
- list of clients (suppliers, manufacturers, etc.)
- sample contracts, invoices, bills of lading, and any other evidence that might establish the nature of the company’s business
- payroll documents establishing proof of salary paid to beneficiary
Evidence pertaining to the alien

This must include evidence that he worked for the company for one year out of the last three years. At least some of this evidence must establish that he worked for the company in a managerial, executive, or specialized capacity:
- letter from U.S. company and/or employment contract describing his new title and duties
- letter from foreign company describing alien’s title and duties while working abroad
- payroll documents establishing proof of salary paid to beneficiary
- work product, or any other documents proving the managerial, executive or specialized nature of his work for the foreign company
- performance reviews, employment contract, and other documentation of employment
- copy of passport, visa and I-94












		NONIMMIGRANT WORK VISAS - DETAILS L-1 visa An L-1 visa is a special type of work visa in which an executive or upper level manager, or a worker with specialized knowledge, is transferred from the foreign branch of a multinational company to the U.S. branch – even if the U.S. branch is a brand new office. In order to obtain this visa, we have to prove several things: 1. That the U.S. company and the foreign company are essentially the same employer, or are affiliated, or one is a subsidiary of the other, or that there is 50% or more common ownership between the two. 2. That both branches/companies are currently and actively engaging in business. 3. That the applicant was previously employed by the foreign company for one or more years out of the last three years. 4. That the applicant was employed either (a) as an executive or upper-level manager, or (b) as a worker with specialized knowledge of the company or its products or services.. MANAGER / EXECUTIVE To qualify for an L-1 visa as a manager, the applicant must primarily: manage the organization, or a department or function of the organization supervise the work of either professionals or other supervisors or managers, or manage an essential function within the organization have authority to hire, fire or recommend personnel action, or function at a senior level within hierarchy or function, AND - exercise discretion over day-to-day operations of activity or function. SPECIALIZED KNOWLEDGE “Specialized knowledge” means a special knowledge of the company’s product, services, research, equipment, techniques, management or other interests and its/their respective application in international markets – or an advanced level of knowledge of processes and procedures of the company. In determining whether a person’s knowledge is specialized, the government looks at the following characteristics: whether the worker possesses knowledge that is valuable to the employer’s competitiveness in the marketplace; whether the worker is uniquely qualified to contribute to the U.S. employer’s knowledge of foreign operating conditions; whether the worker has been utilized as a key employee abroad and has been given significant assignments which have enhanced the employer’s productivity, competitiveness, image or financial position; whether the worker possesses knowledge that can be gained only through extensive prior experience with that employer. EVIDENCE The following is a list of documents and evidence that the United States Citizenship and Immigration Services (U.S.C.I.S.) often requires to establish eligibility for an L-1 visa. Some are necessary, some are simply recommended. If you don’t have one or more of the following, please consult us and we will advise accordingly. Evidence pertaining to the company inside the United States articles/certificate of incorporation, or other documentation establishing ownership (joint-venture agreements, stock certificates and stock ledgers, etc.) business plan - tax and/or financial documents commercial lease (including square footage of space) photographs of the worksite (both inside and outside) list of clients (suppliers, manufacturers, etc.) list of employees sample contracts, invoices, bills of lading, and any other evidence that might establish that the company is currently doing business Evidence pertaining to the foreign company: articles/certificate of incorporation, or other documentation establishing ownership (joint-venture agreements, stock certificates and stock ledgers, etc.) tax and/or financial documents organizational chart and/or list of employees and their respective job titles brochure or specific description of the company’s activities list of clients (suppliers, manufacturers, etc.) sample contracts, invoices, bills of lading, and any other evidence that might establish the nature of the company’s business payroll documents establishing proof of salary paid to beneficiary Evidence pertaining to the alien This must include evidence that he worked for the company for one year out of the last three years. At least some of this evidence must establish that he worked for the company in a managerial, executive, or specialized capacity: letter from U.S. company and/or employment contract describing his new title and duties letter from foreign company describing alien’s title and duties while working abroad payroll documents establishing proof of salary paid to beneficiary work product, or any other documents proving the managerial, executive or specialized nature of his work for the foreign company performance reviews, employment contract, and other documentation of employment copy of passport, visa and I-94