Documents from Foreign Company:

  1. Proof of incorporation from official source (such as city or province with which the business is registered);
  2. Copies of incorporation papers (papers given by the city or province evidencing that the business exists and has the right to do business); and
  3. Copies of ownership documents (stock certificates or other documents that list the owners of the business or the shares of the business).
  4. Evidence that the Foreign company has been doing business for one year or longer:
    1. Copies of invoices or tax payment receipts from the past year — enough to show company is substantial and has been and is doing business;
    2. Copies of payment orders to banks;
    3. Any other money transfer documents in the name of the company, again showing that he company is active and doing business;
    4. Copies of payroll records that include a payroll ledger and proof of payment of salaries to employees (must be more that two employees) for the past year — at least one record per quarter is required;
    5. Financial statements
      1. Balance sheet — this balance sheet should show enough available cash (profit from the last year) to support the U.S. operation for at least one year (there is no minimum amount, but we suggest that the amount be at least equal to the salary the executive will draw in the United States);
      2. Profit and Loss statement;
    6. Customs documents as applicable (if the company is in the import/export business);
    7. Ten photographs (either 3x5 or 4x6) of the interior and exterior of the Company's office/warehouse and photos of employees working there; and
    8. Copy of lease or deed for business premises, valid for at least one year;
  5. Evidence of beneficiary's employment for one year of the past three as an executive or manager:
    1. Letter rom high level manager or executive in foreign business indicating job duties and time of service; and
    2. Organizational chart of the employees of the foreign business.
  6. Current Number of Employees

Documents from U.S. company:

  1. Articles and Certificate of Incorporation, and By-Laws;
  2. Minutes showing stock authorization and distribution;
  3. Stock certificates;
  4. Stock Transfer Ledger;
  5. Lease for place of business in the United States (you must obtain or find someone to obtain this location);
  6. Ten photographs of interior and exterior of building in the United States that will be the place of business; and
  7. Business Plan from a certified public accountant or company executive (we suggest using a computer program called BIZPLAN to prepare this document).
  8. Evidence of Investment:
    1. Money transfer documents from foreign company directly to U.S. company bank account (we suggest approximately $5,000 to $20,000);
    2. Bank letter or statement showing money has been received; and
    3. If the U.S. company has been doing business for one year, we need transactional documentation showing this, include invoices, bills of lading, customs receipts, etc.
  9. Business licenses where applicable
  10. Organizational chart identifying individual's proposed position listing name/title of direct supervisor and name(s)/title(s) of any direct subordinates
  11. Name, title, address and telephone number for signatory
  12. Current number of employees
  13. Copies of most recent federal income tax returns and/or audited financial statements

Documents from Individual:

  1. Completed NIV Questionnaire;
  2. Photocopies of individual's passport, visa, and Form I-94 card;
  3. Photocopies of individual's university or trade school diplomas and certificates, with course transcripts, if available;
  4. Photocopy of most recently available governmental income tax withholding form (U.S. "W 2" Wage and Tax Withholding Statement, Canadian "T 4," British "P60" or Australian "Group Certificate", or similar foreign tax authority document) showing year, name of foreign employer, name of employee, salary paid, tax withheld, etc.;
  5. Individual's resume, curriculum vitae, etc.;
  6. Photocopy of individual’s Form I-797 Notice of Action evidencing current approved visa status in the United States;
  7. Letter from individual’s employer overseas indicating his/her job title and the month and year he/she commenced employment;
  8. Description of his/her current job duties with overseas employees – include number and title of subordinate employees and any specialized knowledge; and
  9. If any immediate family members will accompany him/her to the United States – photocopies of passport pages, visa, Form I-94 card, current and prior Form I-797 Notice of Approval evidencing prior visa statuses, marriage certificate, and birth certificate of children.
English translations should be provided for any foreign language documents
If you would like further information about specific case scenarios or situations, please call our office or email us at to speak to one of experienced immigration attorneys.


This e-mail does not constitute direct legal advice and is for informational purposes only. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Copyright © 2015 Kuck Immigration Partners LLC. All rights reserved.

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