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1) You must have a qualified cross-border affiliated company relationship

L1A application is not just a matter for American companies. Although the submitter of the application is a US company, the L1A application must involve an overseas company, and there must be a qualified affiliated company relationship between the overseas company and the US company.

Two more keywords are derived here: "association" and "company". Lawyers are often asked in practice what kind of U.S. companies meet L1A requirements. Many customers are worried that their company's LLC form does not meet the requirements of L1A. There is no need to worry about this. L1A has relatively loose formal requirements for U.S. companies, allowing companies in the form of INCs, LLCs, and even partnerships, trusts, funds, etc. A business in the form of an LLC not only meets the requirements of L1A, but also meets the requirements of EB1C. As for the "relatedness" requirement, if the applicant's company has a relatively complex corporate structure design, it is recommended to consult an experienced immigration lawyer on the specific situation. "Affiliated" companies under the definition of L1A basically include: parent-subsidiary relationship and sister company relationship. Sister companies include companies that are controlled by the same parent company, controlled by the same individual, or controlled by a group of individuals in similar proportions.

2) One year of full-time overseas executive experience is required

After finding an overseas company that meets the requirements, L1A applicants should also note that you must have completed the application in the past 3 years before submitting the application. have at least one year of senior management experience in the overseas company. This year’s overseas executive experience must be real. First of all, it must be full-time executive work experience. This year does not include the applicant’s time in the United States, and this year’s overseas experience must meet the requirements of an “executive”. Applicants who have not previously held a managerial position and have only been promoted within the past year may not meet this requirement. Or if the overseas company itself is small, it will also be a challenge to prove overseas executive experience.

3) If you want to move to the United States to hold a senior executive position

Since it is a transfer of a multinational executive, the applicant not only needs to be a senior executive overseas, but also needs to be a senior executive after entering the United States. Executives. For newly established L1 US companies, proof of this is mainly through the company's business plan. For L1 US companies operating for more than one year, this requires an experienced immigration lawyer to carefully examine the company's operations and personnel structure to make a judgment. There is no one-size-fits-all standard.

4) U.S. companies must have business premises

The L1A application is not only suitable for U.S. companies that are already in operation, but also for newly established U.S. companies. However, for newly established US companies, if you want to submit an L1A application for the applicant, you must already have a business location when submitting the application. Having a business location does not mean that a U.S. company intends to rent a certain office space, but it means that it must have rented or purchased a suitable office space. Some applicants ask, what if the L1A is not approved? Lawyers remind L1A applicants that when signing a commercial contract for an office building, they can consider negotiating with the landlord and adding corresponding clauses to explain how the contract can be terminated early if the applicant does not obtain L1A approval.

Okay, now that we’ve talked about what L1A requires, let’s clarify what many applicants think L1A may need, but actually don’t.

1) The applicant is not required to be the legal representative of an overseas company or a shareholder of any company

Under the American corporate legal system, there is no concept of "legal representative", let alone Mark it on your business license. As mentioned above, if the L1A applicant is a senior executive in an overseas company and will hold a senior executive position in a U.S. company, then he or she meets the L1A position requirements.

Similarly, L1A focuses on whether it is an "executive" or not, not whether it is a shareholder. L1A applicants do not need to be shareholders of overseas companies or US companies. Applicants who meet the L1A requirements do not need to hold any shares in the company, as long as they meet the executive requirements. Applicants who are shareholders of a company do not meet the requirements of L1A if they do not prove that they are also senior executives, that is, they hold administrative positions. Of course, this is also possible if the L1A applicant is both a shareholder and an executive.

2) No minimum investment required

There is no minimum investment limit for U.S. companies applying for L1A. If it is a newly established L1, the amount of capital injected depends on the industry. The Immigration Bureau mainly examines whether the initial capital and profit forecast can reasonably support the company's operation in the first year. Applicants are advised to communicate with an experienced immigration attorney regarding this issue.

3) The business fields of U.S. companies and overseas companies are not required to be the same

U.S. companies applying for L1A do not necessarily have to engage in the same business as overseas affiliates