USCIS updates L1 Visa application rules

USCIS has recently updated the L1 Visa application rules. The United States Citizenship and Immigration Services has clarified the requirements for specific ICT L1 Visa applications (Intra Company Transferee).

Employers are now required to demonstrate that an overseas firm and a US company are associated in a manner that qualifies for the visas in the L1 category. Employers have to now offer proof that the overseas and the US firms are the same employers in fact. This is at the time of submitting the L1 Visa application, as quoted by the Workpermit. The example is a US business with an overseas branch. It can also be parent and subsidiary firms or companies that are connected as affiliate firms.

The  United States Citizenship and Immigration Services officials will now examine the control and ownership of a business. This is to determine if there is a relationship between the overseas and the US firms that qualify them for an L1 visa. It will involve enquiring into the lawful right of possession. Power and right to direct business operations will also be examined.

The documents submitted as a part of the L1 Visa application will have to demonstrate that business equity holders permanently approved equity transfer to another holder. The legal control of the firms/s is thus transferred. This must hold good from when the application was filed till the application process is completed by the USCIS.

The documents that are normally required include:

• Proxy agreements that are legally binding
• Enterprise’s organizational documents
• Equity holder’s sworn statement authorizing the proxy
• Minutes of the meetings that outline the manner of reaching the binding proxy agreement
• The legal framework that authorized the proxy

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