These checklists do not address the question of whether or not it is advisable to file a petition in any category.
They are intended for current clients of Curran & Berger LLP who have been referred to this list by staff.



L-1A and L-1B Employer Checklist

This checklist is intended for companies sponsoring an employee for an L-1A or L-1B visa. 

 

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 - L-1A and L-1B

1. Explanation of relationship between U.S. and Foreign companies along with an organizational

chart (if available) demonstrating the relationship between the companies

2. Job title for proposed position in U.S.

3. Detailed job description for U. S. position with percentage breakdown of time to be

spent on each duty.*

4. Salary for U.S. position

5. 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 *

6. Main address of business/place of work and address where employee will work

7. List all physical locations where the prospective employee will work

8. Federal Tax ID # for U.S. company

9. Year U.S. company was founded

10. Gross and Net Annual Income for U.S. employer

11. Total number of employees

12. Minimum number of hours per week that the Beneficiary will work

13. Is the position full time or part time?

14. Dates of intended employment (must not exceed 3 years)

15. Name and title of designated official (the person who will sign forms, etc.)

16. Phone, fax and email for designated official

17. Name, phone, fax and email of contact person (if different from designated official)

18. Name, phone, fax and email of the employee’s supervisor

19. 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 Positions Only

  • For L­1B only: We will need information on the nature of proprietary knowledge held by the

Applicant. Please fill out the L­1B 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 from United State Citizenship and Immigration Services ask for

this documentation to support the petition, but if you provide it right away it may help us

avoid a Request for Evidence on your L­1A or L­1B 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.

The purpose of the Curran & Berger LLP website is to provide general information about our firm and to identify current legal issues that may be of interest to you. The website and the materials included herein are not intended to advertise our firm’s services, to solicit clients or to provide legal advice. Any information provided on this website is not intended and should not be taken as legal advice or as legal opinion. The use of the information provided in this website should not be taken as creating an attorney-client relationship between Curran & Berger LLP and the reader or user of the information. While we intend to make every effort to ensure that all information on the site is accurate, we do not make any representation or assume liability for the content, accuracy, timeliness, completeness or other aspect of the information provided.