L-1A Affiliation Between
U.S. and Foreign Company

For the beneficiary to be a manager or executive who will open or be employed in a new office in the United States, you must show that a qualifying relationship between the U.S. entity and foreign entity exists.

The relationship between branches of the same employer, or amongst parent companies, affiliates, or subsidiaries, must be shown through evidence of ownership and control of these entities. Both the ownership and control of the qualifying Foreign and U.S. entity must be proven. When the USCIS is not satisfied with the evidence, they will request that further evidence is submitted.

  • To prove the Ownership and Control of the Qualifying U.S. Entity, evidence may include, but is not limited to, the most recent copies of the following:
    • The Securities and Exchange Commission Form 10-K
    • Annual report, meeting minutes, articles of corporation, articles of organization
    • Stock certificates, a stock ledger, proof of stock purchase or capital contribution (wire transfer receipts, bank statements, cancelled checks, or deposit receipts)
    • Federal income tax returns
    • Partnership agreement or sole proprietorship registration documents, franchise purchase agreement
    • Evidence that the foreign entity has been authorized to operate as a branch office in the state of [STATE] by the appropriate state agency.
  • To prove the Ownership and Control of the Qualifying Foreign Entity, evidence may include, but is not limited to, the most recent copies of the following:
    • The Securities and Exchange Commission Form 10-K
    • Detailed list of owners
    • Annual report, meeting minutes, articles of incorporation and bylaws
    • Stock certificates, a stock ledger, proof of stock purchase
    • Income tax returns, articles of organization, partnership agreement or sole proprietorship and registration documents
    • Evidence that the U.S. entity is authorized to operate as a branch office in (foreign company) by the appropriate (foreign nationality) agency.

WHAT WE DO: We ask that all the pertaining documents be submitted to us, and we organize and submit on the client’s behalf. With our expertise and experience, we are able to guide the process and determine the sufficiency of the evidence.

It is the initial planning that is the most crucial. Without efficient planning, the rest of the process is put at risk. At Tsang and Associates, we can help you from the beginning.