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My "wish list" is not intended to be all inclusive. Most L-1 applications don't have all of the below listed documents. By the way, the information contained in this web site is general and is not intended to substitute for professional advice in specific situations.
The applicant's (alien's) passport.
Form I-94 (Arrival/Departure Record, normally found stapled into the alien's passport) of the principal applicant verifying current valid nonimmigrant status in the U.S.
Proof that the alien has had an "executive" or "managerial" position in the foreign company, and that the alien has held that position for at least one year out of the past three years. Evidence might include translated, dated correspondence signed by the alien showing the alien's title over the requisite time period, and documentation of the alien's regular salary, (including the foreign equivalent of the alien's "W-2" form). Also helpful would be any documentation verifying that the applicant has the academic credentials to manage and direct the enterprise.
The alien's translated resume.
Where the alien is an owner or major stockholder of the foreign affiliate, we will need a letter from one of the company officers to the alien, proposing that the alien temporarily manage the U.S. entity, until it has become established, and that the alien should then return to the foreign affiliate's foreign office, where the alien's leadership and guidance will continue to be needed on a full time basis.
Evidence of the existence of the foreign entity, such as: Articles of Incorporation; Certificate of Incorporation; Shareholder's list; and copies of issued shares. If the foreign company is not incorporated similar documents are needed. Originals or government certified copies must be available to be inspected by US officials.
Evidence of the foreign entity's financial ability to pay the alien and to do business in the U.S., including proof of the assets of the foreign enterprise, both inside and outside the USA; deeds to property; proof of ownership of other businesses or investments such as shares of stock; statements of bank or other depository accounts; financial statements; credit rating; and any foreign entity advertising material.
A letter from management, discussing the history of the business - foreign and domestic, the current state of business, the (stock) ownership, and the alien's managerial duties, past, present, and proposed.
A translated organizational chart of the foreign affiliate's management showing the names and titles of individuals holding all of the different positions.
Photographs (interior and exterior) of the foreign affiliate's offices outside of the USA, and of the company offices within the USA would also be valuable. (An artist's rendition of proposed offices by an interior design firm would be quite useful.)
Evidence of the existence of the US enterprise, if already in existence, such as Articles of Incorporation, Bylaws, and Minutes or other documents showing the existence and proper registration of the business, including balance sheets, tax statements and other financial documents relating to the U.S. entity.
Evidence that the US enterprise is licensed to operate in the locality where it will conduct business; for example, local, municipal, and/or state business licenses.
Evidence of the ownership and control of the US affiliate and its assets, including written options to lease premises or equipment, to establish the required relationship between the foreign entity and the US affiliate. For US branch offices which are corporations, include stock certificates issued and the stock certificate ledger book verifying the number of shares authorized and to whom they were issued. (Note that stock certificates by themselves do not prove control without the complete ledger to show the total shares issued.)
Documents demonstrating the "nature" of the US affiliate and its financial condition, which could include a comprehensive business plan, photographs of the premises or drawings of the planned facility, leases or real estate purchase agreements for the business premises, rent receipts, escrow agreements, and bank statements. For already developed US affiliates, copies of all the employees' W-2 forms would be invaluable.
Proof of investments in the USA help to show the need for a manager.
For a US affiliate which has already been established, an organizational chart of the US affiliate's management, showing the names and titles of individuals holding all of the different positions.
Information regarding the purpose of the U.S. affiliate, including any brochures or copies of office memos (with translations) which discuss the U.S. investment.
Information regarding the scope of the U.S. affiliate, its organizational structure, a description of its proposed activities, and its financial goals.
Where the alien has already been negotiating contracts on behalf of the foreign entity, copies of such contracts, and/or the memorandum recording the negotiations.
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