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The intracompany transferee visa is for the permanent residence of an executive or manager transferred from a foreign company to a qualifying related U.S. company. The spouse and minor children of the employee are eligible for derivative status as permanent residents.
Requirements of the Intracompany Transferee Immigrant Visa
The intracompany transferee visa requires:
- A foreign company and a U.S. company be related as a parent company, branch, subsidiary or affiliate
- The companies be currently doing business
- The employee must have been employed by the foreign company for at least one year in an executive or upper level managerial position
- The employee must be employed by the U.S. company in an executive or upper level managerial position.
1. Relationship of the companies: The companies must be related to each other as either: parent, branch, subsidiary, or affiliate. Evidence of the corporate relationship includes: stock certificates, company registrations, joint venture agreements or affidavits from corporate counsel or officers.
2. Doing busines: The companies must be operational and financially stable. Evidence of doing business includes; certificate of incorporation, business registration, business licenses, contracts, and invoices. Evidence of financial operations includes corporate tax returns, financial statements, bank account statements and wire transfers. The company must submit information about the foreign and U.S. company including; the type of business, organizational structure, financial & operational goals, and the extent of the U.S. investment.
3. Executive experience of the employee with the foreign company: The petition requires evidence of one year of executive or upper level managerial experience of the employee. The experience letter from the foreign company should include dates of employment, a detailed description of the employee's position, level of authority, the job titles of the employees supervised and qualifications of the Beneficiary.
4. Executive position of the employee with the U.S. company: The petition requires the U.S. position to be in an executive or upper level managerial capacity. The support letter from the U.S. company should include a detailed job description of the employee's position including the level of authority and the job title of the employees supervised.
Intracompany Transferee (Executive or Manager) Document Checklist
Employee
Resume (with detailed description of job duties and dates of employment)
Experience letter (job title, dates of employment, level of authority, and qualifications)
Diplomas, degrees, and certificates
Evidence of beneficiary's status (Visa, I-94, and approval notices)
Information about dependents (date of birth, country of birth, relationship, and current address)
U.S. Company
Certificate of Incorporation and Articles of Incorporation
Stock certificates (showing total ownership of the company)
Business registration, business license, business permits, DBA's
Organizational chart
Company information (history, facilities, products, number of employees, clients, and structure)
Commercial lease
Brochures, catalogs, promotional & product literature, and advertisements
Invoices, contracts, bills of lading, and other business documentation
Corporate tax returns (IRS 1120, IRS 941, and TWC C-3)
Financial statements (balance sheet, income statement, asset & liabilities, and payroll ledger)
Bank account statements
Foreign Company
Certificate of Incorporation and Articles of Incorporation
Business registration, business license, and business permits
Organizational chart
Company information (history, facilities, products, number of employees, clients, and structure)
Commercial lease
Brochures, catalogs, promotional & product literature, and advertisements
Invoices, contracts, bills of lading, and other business documentation
Corporate tax returns
Financial statements (balance sheet, income statement, asset & deficit, and payroll ledger)
Bank account statements |