New Office/Startup L-1 Petition

Initial information needed for a New Office/Start-up L-1 petition

Evidence That the U.S. Company Is, or Will Be, an Established Business

This can be shown by providing the following information:

-The Articles of Incorporation and Bylaws for the U.S. company.
-A copy of the U.S. company’s employer tax identification number.
-Evidence that the U.S. company has opened a bank account in the United States.
-A copy of the lease/sublease for the U.S. company’s office and/or warehouse space, and photographs (inside and outside) of this space.
-A copy of the U.S. company’s business plan, if available.
-An organizational chart for the U.S. company that shows the management structure of the company (i.e., the job title, job description and expected salary of each current and anticipated employee).

The Relationship Between the Foreign Company and the U.S. Company

It must shown that the U.S. company is a wholly-owned subsidiary, branch or affiliate of a foreign company. Specifically, the sponsor must provide evidence, such as stock certificates, that the same people own both the U.S. company and the foreign company in approximately the same proportions.

Evidence of the Investment Being Made by the Foreign Company,
and the Foreign Company’s Ability to Make this Investment

This can be shown by providing the following information:

-Evidence that the U.S. company is, or will be, sufficiently funded. This can be done by either placing an initial investment in the U.S. company’s bank account; or by preparing a letter of credit or some other similar form of financial commitment from the foreign company to the U.S. company.
-Evidence that the foreign company can afford to invest in the U.S. company, as well as pay the start-up costs associated with the U.S. company (e.g., rent, salaries, usual overhead). Such evidence can be three years’ worth of tax returns or financial statements from the foreign company.
-Evidence that the foreign company has conducted regular, continuous and substantial business over the past three years. Such evidence includes copies of invoices, tax returns and/or financial statements. The best evidence is copies of invoices.

Evidence That the Person Being Sponsored Has Worked for
the Foreign Company, and the Beneficiary’s Job Responsibilities
with Both the Foreign Company and the U.S. Company

This can be shown by providing the following information:

-Internal corporate documents showing that the beneficiary has been employed by the foreign company in a managerial or executive position for at least one full year in the past three years. Documents that will show this include:

—payroll documents; and/or
—copies of the foreign national’s personal tax returns or wage withholding statements.

-The job title, job description and salary for the beneficiary’s positions at both the foreign company and the U.S. company.
-An organizational chart for the foreign company that shows the management structure of the company (i.e., the job title, job description and expected salary of each employee).

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