For L1B, we must show that the Applicant possesses “specialized knowledge” of the company’s equipment, system, product, technique, research, service, and/or processes and procedures that is uncommon, noteworthy, distinguished by an unusual qualification, or highly developed.
For L1A, we must show that the Applicant will be in an executive position, with the ability to make decisions of wide latitude without much oversight, or a managerial position, which supervises and controls the work of professional employees or other supervisory/managerial employees, or which manages a department, subdivision, function, or component of the organization.
Documentation of the Company
- Current financial statement, Auditor’s Report, or corporate tax return for U.S company
- Brochure or Annual Report for U.S. company
- Brochure or Annual Report for foreign company
- Organizational Chart (if available) for U.S. employer and foreign employer showing the names and job titles of each employee in the beneficiary’s immediate department or hierarchy*
- Stock certificates or other documents to show ownership of the two qualifying companies
Required Information for L-1A and L-1B
- Explanation of relationship between U.S. and foreign companies along with an organizational chart (if available) demonstrating the relationship between the companies
- Job title for proposed position in U.S.
- Detailed job description for U.S. position with percentage breakdown of time spent on each duty*
- Salary for the U.S. position
- Detailed job description for current overseas position with percentage breakdown of time spent on each duty. If the position abroad is one that requires “specialized knowledge,” please include information on how each duty requires the employee’s specialized knowledge*
- Main address of business/place of work and address where employee will work
- List all physical locations where the prospective employee will work
- Federal Tax ID # for U.S. company
- Year U.S. company was founded
- Gross and Net Annual Income for U.S. employer
- Total number of employees
- Minimum number of hours per week that the Beneficiary will work
- Is the position full time or part time?
- Dates of intended employment (must not exceed 3 years)
- Name and title of designated official (the person who will sign forms, etc.)
- Phone, fax and email for designated official
- Name, phone, fax and email of contact person (if different from designated official)
- Name, phone, fax and email of the employee’s supervisor
- Is a Deemed Export Attestation required? **See Below**
Required Information for L-1A Applicants Only
- Number of employees to be managed by the Applicant in the U.S. *
- Titles and job duties of employees to be managed by the Applicant in the U.S. *
- Payroll records and credentials for employees to be managed by the Applicant in the U.S. *
- Number of employees being managed by the Applicant abroad *
- Titles and job duties of employees being managed by the Applicant abroad *
- Payroll records and credentials for employees managed by the Applicant abroad *
- Answer the following questions as they apply to the Applicant’s present employment abroad and the proposed employment in the U.S.:
- How the Applicant manages the organization/department he/she oversees *
- How the Applicant supervises and controls the work of other professional/managerial employees, or manages an essential function/department/subdivision of the company*
- Whether the Applicant has the authority to hire and fire or make similar decisions on behalf of the company*
Required Information for L-1B Applicants Only
- Completed L-1B Specialized Knowledge Questionnaire*
- Explanation of how each duty in the job description for future position requires the employee’s specialized knowledge*
- Explanation of how the job duties compare and contrast with others employed in the same position in the industry*
*Many Requests for Evidence (RFEs) from the U.S. Citizenship & Immigration Services ask for this documentation to support the petition, but if you provide it right away it may help us avoid an RFE on your L-1A or L-1B petition, saving you time and money.
**A small number of employers sponsoring H-1B, L-1, or O-1 employees are required to state whether or not their organization is required to attain a license (deemed export attestation) from the federal government to regulate sensitive military or other controlled technology that will be released to the foreign national employee. Employers dealing with such sensitive technologies should review the Export Administration Regulation (EAR) and the International Traffic Arms Regulations (ITAR) to determine whether or not this requirement applies to their organization. You may need to consult with your corporate attorney for help in answering this question. As a resource for your corporate attorney, please click here for a recent practice advisory from AILA on the subject, with good links for information. Please feel free to call our office if you have questions.
Do not send us original documents. You should send us copies or scans of your items and keep the originals in a safe place. If you have sent us an item already, you do not need to send it again. Just let us know if you’ve already sent it.
You can either e-mail us scanned copies or mail us paper copies. However, we can only accept e-mails up to 25 MB in size. If you need to send us large amounts of information, please create a .zip file.
Feel free to send us your documents as they become available. There is no need to wait until you have everything. We usually can get started with just a few items. If you have any questions, or think that obtaining a necessary document will be difficult, don’t hesitate to contact us so we can discuss a plan to move forward.
If a document is not in English, then a certified translation is required. Our firm can order a translation for you at an additional cost, or you can have your document translated and certified using a translation certification statement, signed and notarized. You may not certify translations of your own documents, nor those of any family member. For a translation certification statement, click here.