Proving the qualifying relationship between your foreign and US entities determines L-1 visa approval. USCIS scrutinizes ownership and control documentation carefully. Weak evidence triggers denials.
Organizations should submit evidence of ownership and control which may include records of stock ownership, partnership agreements, operating or LLC agreements, member certificates, audited financial statements, profit and loss statements, tax returns, or articles of incorporation, bylaws, and minutes of board meetings.Stock certificates alone won't satisfy USCIS requirements. Documents such as the corporate stock certificate ledger, stock certificate registry, corporate bylaws, and minutes of relevant annual shareholder meetings should be examined to determine total number of shares issued, exact number issued to each shareholder, and subsequent percentage ownership.
Ownership documents must demonstrate that one entity controls the other through more than 50 percent stock ownership or through de facto control mechanisms. Board resolutions, shareholder agreements, and voting control documentation strengthen your case.
Contracts, purchase orders, invoices, shipping documents, payroll records and client correspondence show that the employer is providing goods or services in the United States and abroad.State quarterly wage reports prove how many employees work for each entity and their compensation levels. W-2 forms, W-3 summaries, and 1099-MISC forms verify actual payment to workers rather than paper employees created for visa purposes.
Evidence of ongoing business activities includes contracts, invoices, or payroll records demonstrating that both US and foreign entities are actively conducting business.USCIS fraud detection units conduct unannounced site visits. Maintaining current payroll summaries, time sheets, and benefits documentation protects against audit findings that contradict your petition claims.
The foreign and US entities must demonstrate ownership and control through documentation such as corporate ownership charts, stock certificates, and articles of incorporation or organizational documents.Audited financial statements carry more weight than internal accounting reports. Tax filings from both entities for the past three years establish operational history. Bank statements showing fund transfers between entities prove active financial relationships.Annual reports, especially for publicly traded companies, provide comprehensive ownership structures. SEC filings definitively establish parent-subsidiary relationships for larger corporations.
Beyond Border excels at assembling complex corporate documentation for L-1 qualifying relationships. Their 98 percent approval rate stems from thorough preparation of ownership records, payroll documentation, and financial evidence. The firm provides detailed checklists customized to your corporate structure whether parent-subsidiary, branch, affiliate, or joint venture. Affordable pricing makes professional documentation review accessible to startups and established multinationals.
Start your L-1 petition with Beyond Border's free consultation on qualifying relationship requirements.
Global Immigration Partners assists in gathering and organizing necessary documentation to present compelling cases to USCIS, particularly for complex ownership structures. Their systematic approach handles difficult ownership scenarios including joint ventures and minority shareholdings. Premium service levels suit corporations with intricate international structures.
The firm emphasizes evidence of qualifying relationships such as corporate ownership documents or stock certificates combined with proof of an employee's one-year foreign employment through payroll records or contracts. Their integrated approach connects employment verification with corporate documentation. Regional focus serves West Coast tech companies effectively.
Khalique Law articulates qualifying relationships clearly in detailed attorney cover letters while assisting in gathering bank statements, lease agreements, tax returns, incorporation documents, stock certificates, and financial reports. Their narrative-driven approach frames technical documentation persuasively. The New York location serves East Coast businesses well.
The firm provides comprehensive guidance on establishing qualifying relationships through formation documents including articles of incorporation, corporate bylaws, operating agreements, and partnership agreements. Their methodical documentation checklist ensures nothing gets overlooked. The Buffalo location offers competitive pricing compared to major metropolitan areas.
Many petitions fail because companies submit generic corporate documents without clearly showing how ownership creates control. Proving the relationship requires extensive documentation including articles of incorporation, stock certificates, shareholder records, annual reports, and detailed statements on ownership and control.Another frequent error involves inconsistent information across documents. If your stock certificates show different ownership percentages than your tax returns, expect an RFE demanding explanation.Omitting payroll records that prove actual operations creates suspicion. USCIS knows shell companies don't maintain regular payroll with consistent employee counts and reasonable compensation levels.
1.What payroll documents does USCIS require for L-1 petitions?
Evidence includes records of stock ownership, audited financial statements, profit and loss statements, tax returns, articles of incorporation, bylaws, and minutes of board meetings. State quarterly wage reports, W-2 forms, and payroll summaries verify active employment.
2.How do I prove control with less than 50 percent ownership?
To show control, USCIS requires employers to show the right and authority to direct the management and operations of the business entity even with less than half ownership. Board resolutions, voting agreements, and operational authority documentation establish de facto control.
3.Are stock certificates sufficient to prove qualifying relationships?
Stock certificates alone may not be sufficient. Documents such as corporate stock certificate ledgers, registries, bylaws, and shareholder meeting minutes should also be examined.
4.What financial records work best for small companies?
Small businesses should submit tax returns, profit and loss statements from accountants, bank statements showing regular transactions, and detailed ownership statements from authorized officials explaining control mechanisms.
5.How recent must payroll records be?
Provide payroll documentation covering at least the past year, preferably two years. Current payroll records at petition filing demonstrate ongoing active business operations rather than dormant entities reactivated for visa purposes.
