You are on page 1of 16

INTRA COMPANY TRANSFREE

Table of Contents. A. B. C. D. E. F. Brief explanation of ICT.(Intra Company Transfree) Frequently asked questions List of documents required from Foreign business List of documents required from USA business Processing Time Example of Resolution from foreign business A. BRIEF EXPLANATION OF ICT NON-IMMIGRANT VISA

An ITC Visa is a non-immigrant visa available to any manager or executive of a foreign business. It is also available to an employee of the foreign business should that employee have specialized knowledge in a particular field. The following will deal ONLY with the Intra Company Transferee The ICT beneficiary must be able to demonstrate that he/she has been employed on a full-time basis on a managerial or executive position by the foreign business for at least 1 year within the 3 years preceding his/her entry to the USA. The ICT visa has no numerical limitations and there are as many available visas for this category as there may be qualified applicants The ICT visa is usually issued for 1 year to a new start-up business in the USA and can be renewed for a total of up to 7 years. However for a renewal of the initial 1 year ICT visa the USA business must demonstrate employment of workers and increase in business or potential business and growth of the business. The ICT Visa is renewed for 2 years at a time THE BUSINESS IN THE USA CAN BE THE SAME AS THE BUSINESS OVERSEAS OR TOTALLY DIFFERENT The ICT visa, once approved, automatically entitles the ICT beneficiary spouse and unmarried children less than 21 years of age to be issued a dependent visa. The dependent visa entitles the Spouse of the ICT holder to work in the USA for any business and in any type of organization. The minor unmarried children of the ICT holder cannot work but can attend school/college. The ICT visa holder and the dependent spouse, who obtains work permission, will receive Social Security Numbers and can obtain Drivers Licenses

Once the business in the USA has been operative for at least 1 year then it is possible, to not only renew the ICT visa and dependents visas, but to apply for permanent residence (Green card) in the USA .This process can take about 18 months. It should be noted that for a successful conclusion to the Permanent Residency Application both the USA and foreign businesses must continue to operate and have employees in both entities and have adequate capital available for business purposes or show financial statements demonstrating sufficient profit to support the USA office. This latter issue means ability to pay all salaries, office expenses, etc It is to be noted that if the USA subsidiary or affiliate of the overseas entity has operated in continuous business in the USA for at least 1 year before filing the ICT Petition then the following may occur : A. The ICT initial visa could be obtained for either 2 years instead of the 1 year in a new USA business as mentioned above. B. If the Executive or Manager of the business overseas does not wish to come immediately to the USA and only desires to come at a later stage, then a Petition for Permanent Residence (Green Card) can be filed without the need of firstly filing for an ICT Visa

B.

COMMONLY ASKED QUESTIONS ON intra company transferee VISA & EB-1C (PERMANENT RESIDENCE)

1. What are the basic criteria to qualify for ICT status? A. Employment in an executive or managerial capacity with an overseas entity for at least 1 year prior to entry to USA. This employment to be within the 3 years preceding entry. Thereafter the proposed transfer to the USA to work in an executive or managerial capacity for a USA subsidiary or affiliate of the overseas entity 2. Is there a minimum amount of money needed in the USA? A. No but at least about $30000.00 should be transferred to the USA entitys bank account. 3. I know that the USA entity must be a subsidiary or affiliate of the overseas entity, but what is the definition of those terms? A. (1) Subsidiary: The USA entity must be owned at least 50.1% by the overseas entity

(2) Affiliate: This means that the shareholders in the USA and the overseas entities must be the same individuals and their shareholding in each entity must be approximately the same 3a. Must the business in the USA be the same or similar to the type of business conducted by the foreign business? No. The business in the USA can be the same or totally different than that conducted by the business abroad 4. For what period can I get an ICT Visa? A. If the USA entity is a new one then the ICT is for 1 Year If the USA entity has been operating for at least 1 year (Whether it operated as an independent business or a subsidiary of the overseas entity is irrelevant) then the ICT-A will be approved for 2 or 3 years depending on the Immigration Officer adjudicating the case 5. Can I renew the ICT-A Visa? A. Yes, prior to its expiry, but this is subject to the foreign entity continuing in business and the USA entity having done business in its first year and showing either a profit or a potential for profit and showing increasing turnover. Furthermore Immigration will require a demonstration that the USA entity has employed USA workers. It is preferable that a minimum of 3 workers be indicated. The renewal period is usually given for 2 years and on occasions for 3 years. The total period of an ICT Visa is 7 years

6. If I get an ICT-A Visa what will my family get and what does that visa entitle them to do?: A. Spouse and children under 21 years unmarried receive dependent visas. The Spouse can obtain work permission from the INS, thereby entitling her to work anywhere for any business in the USA. The children can study at school or college and the family can obtain Drivers Licenses

7. What, briefly stated is required of the new USA entity for the ICT-A visa? A lease of business premises for at least 1 year and photographs of inside and outside : A bank account in the name of the USA entity showing funds

therein A business license or the Application for the license A letter of employment from the new USA entity to the proposed ICT A beneficiary Copy of Certificate and Articles of Incorporation Proposed organizational chart Telephone/Fax installation confirmation

8. What, briefly stated is required from the foreign business (that is the business in the foreign country) for the ICT-A visa? Proof of its existence for over 1 year and the operative nature of the business. This is attended to by providing documents such as 1) Certificate and Articles of Incorporation or if sole proprietorship then business registration certificate or if partnership then partnership agreement: 2) Bank statements for last year 3) Examples of receipts, invoices, purchase orders, etc (2 of each for latest 6 moth period): 4) Lease of business premises or if owned then Deed of Ownership plus photographs of the inside and outside if the premises: 5) Photographs of products (if applicable): 6) Examples of advertising and/or brochures or pamphlets of the business: 7) Any special business licenses issued by any local or Government authority:

8) Tax returns of the business for the last 2 available years together with financial statement: 9) If latest tax return not available then an unedited financial statement for the period: 10) Payroll returns for last year: If individual requesting ICT-A is not set out on business payroll due to the executive or managerial nature of employment, then a letter from the Accountant of the business confirming the individuals employment on a

full time basis in the appropriate Executive or Managerial capacity. This letter should further confirm date of commencement of employment through to the present and explain that individual not on payroll as Executives or Managers are placed on regular worker payroll. Organizational Chart 9. How long does it take to get an L-1A visa?: Between 60- 120 days from filing. However there is a Premium Processing Service now available in terms of which on payment of a $1000.00 to the Immigration Service the latter will make a decision in 30 days from date receipt of the Premium Processing request together with the $1000.00 fee 10. If I am here on a B-2/B-1 visa can I change to ICT-A visa? Yes it is usually approved but of course not guaranteed. If approved the alien receives a new I-94 confirming the ICT-A status and there is then no need for the alien to leave the USA. If not approved this means the ICT-A will be approved but the alien will have to return to his home country to have the ICT-A visa stamped in the passport by the US Consul and thereafter can return to the USA. If the change of status 11. Once Immigration approves the ICT-A visa can I go to Mexico to have it stamped in my passport by the US Consulate there or must I return to my home country for this procedure. I know I will need the stamp to enable me to travel in and out of the USA? Technically yes, but it is very risky as should the visa be refused for any reason the ICT-A holder and his family will have to return immediately to their home country for the visa. Therefore the prudent step would be to plan, at the alien=s convenience, a return to the home country and have the visa stamped in at the Home country Please note that if you have no intention of traveling outside the USA then you do not need a visa in your passport. The new I-94 which will be issued to you by the Immigration Service on approval of the ICT-A visa will be sufficient for you to remain legally in the USA for the duration of the period set out on the I-94. The same situation applies to your family members as regards their ICT-2 visas. 12. If I am outside the USA when the ICT-A Visa is Approved by the Immigration Service what is the procedure to enable to have the Visa stamped in my passport so that I can come to the USA in ICT-A status?: When the Immigration Service approves the ICT-A visa we will transmit to you the Original Approval Notice together with a full copy of the Visa

Petition and all accompanying documents that we submitted to the Immigration Service. We will also forward the applicable Visa Application forms DS 156 & DS 157 (Which we will assist you in completing for you as far as possible). On receipt of the mentioned documents you can immediately make an appointment with the USA Consulate in your area for the interview for you and your family to have the ICT-A and ICT-2 dependent Visas stamped in your passports 12. Can the ICT-A visa lead to Permanent Residence (Green Card)? Yes this is possible for the ICT-A holder and his/her spouse and minor children unmarried and under 21 years of age The Immigrant Visa Petition (I-140) can be filed with the Immigration Service after the USA business has been operative for at least 1 year. It is essential that both the USA and the foreign business be operative at all times. Also the USA entity should have as a minimum about 3 workers aside from the ICT-A beneficiary. However the more workers the better the success possibility. Please note that the number of workers necessary is not a legal requirement but more of a practical requirement to demonstrate the fact that the alien beneficiary is working in an Executive or Managerial capacity and not merely attending to day to day tasks. To obtain Permanent Residence the procedure can take between 12 to 18 months Note that whilst the Permanent Residence Application (EB-1C) is pending you will be legally living and working in the USA on your ICT-A visa and can also travel in and out of the country as often as desired as along as the visa has been stamped in the passport. If the ICT-A visa is not stamped in the passport travel is still possible if the alien has a pending Adjustment of Status Application. In this latter instance a request can be made to the Immigration Service for advanced parole to travel abroad and return to the USA. Also should the foreign business be unable to provide certain of the documents on their list then please advised and after discussion it is possible that certain of the listed documents could be dispensed with The spouse of the ICT-A beneficiary is able to request work permission in the USA. The initial ICT-A is for 1 year (Unless there is a purchase of an existing business in the USA that has operated for at least 1 year in which latter event 2 years can be initially obtained. ICT-A status/visas can total 7 years) Please note that ICT-A/ICT-2 dependent visas are renewable as

advised above but in order to do so the issue of employees in the USA business is of prime importance .Please call so that this can be carefully discussed) As far as Green Card (permanent residence is concerned this can be applied for after the USA business has been in operation for at least 1 year. This is the EB-1C category & is currently available to all aliens no matter from which country. No Labor Certification is required here & this known as INTRA-COMPANY TRANSFEREE)

C. DOCUMENTS REQUIRED FOR ICT (INTRA COMPANY TRANSFEREE) VISA FROM THE BUSINESS ABROAD 1. a. IF A CORPORATION (COMPANY) EVIDENCE OF INCORPORATION OF BUSINESS SUCH AS CERTIFICATE AND ARTICLES OF INCORPORATION: MEMORANDUM OF ASSOCIATION: MINUTES OF THE FIRST MEETING OF THE CORPORATION WHERE IT IS SET OUT THE SHARE ALLOCATION IN THE CORPORATION: ALL SHARE CERTIFICATES ISSUED TOGETHER (WHERE AVAILABLE AN EXTRACT FROM THE SHARE REGISTER BOOK CONFIRMING THE ISSUANCE OF THE SHARES (IF THIS REGISTER NOT AVAILABLE THEN A STATEMENT FROM YOUR ACCOUNTANTS VERIFYING THE SHARES ISSUED: (PLEASE NOTE THAT THE ABOVE APPLIES TO ALL SHARES ISSUED IMMEDIATELY AFTER THE FORMATION OF THE CORPORATION AS WELL AS THOSE ISSUED AT A LATER DATE) b. IF A PARTNERSHIP THEN A COPY OF THE PARTNERSHIP AGREEMENT TOGETHER WITH A LETTER FROM YOUR ACCOUNTANTS VERIFYING THE PARTNERSHIP EXISTENCE AND THE PERCENTAGE OF EACH PARTNER THEREIN c. IF A SOLE PROPRIETORSHIP THEN A COPY OF THE REGISTRATION OF THE BUSINESS AS SUCH TOGETHER WITH A LETTER FROM YOUR ACCOUNTANTS CONFIRMING THE NAME OF THE SOLE PROPRIETOR AND THE DATE THAT THEY STARTED WORKING FOR THEIR BUSINESS.

2. BUSINESS REGISTRATION CERTIFICATE AND/OR BUSINESS LICENCE (THIS COULD APPLY ONLY TO THE LOCAL MUNICIPAL AUTHORITY AS WELL AS ANY FEDERAL GOVERNMENT IF THE LATTER IS ALSO APPLICABLE) 3. EVIDENCE OF CURRENT BUSINESS ACTIVITY OVER THE PAST 12 MONTHS SUCH AS THE FOLLOWING:

INVOICES: RECEIPTS: PURCHASE ORDERS: BILLS OF LADING AND RELATED IMPORT/EXPORT DOCUMENTS: CONTRACTS WITH SUPPLIERS AND/OR CUSTOMERS: PLEASE NOTE THAT IT IS SUFFICIENT THAT WE RECEIVE 2 DOCUMENTS FROM EACH OF THE 12 MONTHS PRECEDING YOUR INSTRUCTION TO OUR OFFICE TO PROCEED WITH ICT-A VISA 4. EVIDENCE OF GOOD FINANCIAL STANDING SUCH AS THE FOLLOWING: INCOME TAX RETURNS FOR THE 2 YEARS PRECEDING THE ICT-A APPLICATION: FINANCIAL STATEMENT INCLUDING BALANCE SHEET AND PROFIT/LOSS ACCOUNTS FOR THE LATEST PERIOD BEING EITHER THE LAST 12 MONTHS WHICHEVER IS AVAILABLE: 5. COPIES OF BANK STATEMENTS FOR THE PAST 12 MONTHS 6. ANY BROCHURES: ADVERTISEMENTS: LITERATURE ABOUT THE BUSINESS PAMPHLETS: OTHER

7. THE LEASE OF THE PREMISES IN WHICH YOUR BUSINESS IS LOCATED. IF HOWEVER YOU OWN THE PROPERTY IN WHICH THE BUSINESS PREMISES ARE SITUATE THEN A COPY OF THE DEED OF OWNERSHIP 8. COLOR PHOTOGRAPHS OF THE INTERIOR AND EXTERIOR OF THE BUSINESS PREMISES. THE INTERIOR PHOTOGRAPHS COULD SHOW THE WORKERS, PRODUCT, EQUIPMENT AND MACHINERY. THE EXTERIOR PHOTOGRAPHS SHOULD SHOW THE BUILDING FROM DIFFERENT ANGLES AS WELL AS SHOWING THE NAME OF THE BUSINESS ON A SIGN OUTSIDE THE BUILDING. SUGGESTED 7 (SEVEN) PHOTOS OF EACH OF THE INSIDE AND OUTSIDE 9. COPIES OF THE PAYROLL OF THE BUSINESS FOR THE PREVIOUS 12 MONTHS. IF YOUR NAME IS NOT REFLECTED ON THE PAYROLL DUE TO YOUR EXECUTIVE POSITION THEN PROVIDE PROOF OF YOUR EMPLOYMENT WITH THE BUSINESS AND ANY REMUNERATION RECEIVED. THE LATTER SITUATION CAN BE ATTENDED TO BY DOCUMENTATION AND/OR LETTER FROM YOUR ACCOUNTANTS. THIS LETTER SHOULD CONFIRM THAT AS AN EXECUTIVE OR MANAGER, AS THE CASE MAY BE, YOU ARE NOT ON EMPLOYEE PAYROLL BUT RECEIVE MONIES FROM THE BUSINESS BASED ON YOUR FULL TIME ONGOING EMPLOYMENT 10. ORGANIZATIONAL CHART OF THE BUSINESS REFLECTING THE HIERARCHY OF WORKERS AND THEIR AREAS OF BUSINESS. THIS CHART

SHOULD CLEARLY INDICATE THE EXECUTIVES AT THE HEAD OF THE CHART AND BELOW THEM MANAGERS AND THEREAFTER SUPERVISORS AND THEN THE WORKERS. AS REGARDS ALL EXECUTIVES AND MANAGERS PLEASE SET OUT THEIR EDUCATIONAL LEVEL (FOR EXAMPLE BACHELOR DEGREE IN ACCOUNTING) A SEPARATE LIST ON THE BUSINESS LETTERHEAD SHOULD STATE EXECUTIVE/MANAGER=S NAME, JOB TITLE & BRIEF JOB DESCRIPTION AS REGARDS THE WORKERS THEIR JOB TITLES SHOULD BE STATED 11. A RESOLUTION FROM THE BUSINESS CONFIRMING YOUR PROPOSED TRANSFER AS EXECUTIVE OR MANAGER TO THE USA FOR THE TEMPORARY INITIAL PERIOD OF 1 (ONE) YEAR. THE RESOLUTION SHOULD FURTHERMORE CONFIRM THAT THE PROPOSED USA SUBSIDIARY OR AFFILIATE (WHICHEVER IT WILL BE ) WILL BE FULLY SUPPORTED BY THE BUSINESS ABROAD IN ALL RESPECTS. THE SAID SUPPORT SHOULD BE DETAILED AND INCLUDE TECHNICAL ASSISTANCE, EXPERTISE AND FINANCIAL SUPPORT (WE ENCLOSE AN EXAMPLE OF THE RESOLUTION FOR YOUR GUIDANCE) 12. ANY GOVERNMENT TAX RECEIPTS FOR TAX PAYMENTS OF ANY KIND TO THE GOVERNMENT BY THE BUSINESS. THIS COULD BE FOR THE LAST YEAR OF THE BUSINESS OPERATION 13. A BUSINESS PLAN THAT SETS OUT THE PROPOSED BUSINESS IN THE USA & THE FEASIBILITY OF ITS SUCCESS. THE PLAN SHOULD ALSO DETAIL FOR AT LEAST 3 YEARS THE CONTEMPLATED GROSS & NET ANNUAL INCOME AS WELL AS CAPITAL REQUIRED & AVAILABLE FOR THE USA BUSINESS & CASH FLOW PROJECTIONS FOR THE BUSINESS. 14. COPY OF THE MINUTES OF A MEETING (OR IF THIS NOT APPLICABLE O LETTER) DETAILING THE FOLLOWING DATA: A. NAME OF INDIVIDUALS PRESENT AT MEETING & DATE AND PLACE OF MEETING B. THE DESIRE TO OPEN A USA BUSINESS & THE PROPOSED NATURE THEREOF C. CONFIRMATION OF THE ABILITY TO SUPPORT THE USA PROPOSED BUSINESS. 15. DATA ON EMPLOYEES BEING TRANSFERRED: A . PLEASE ADVISE THE FULL NAME AND DATE & CITY OF BIRTH OF THE PROPOSED ICT-A BENEFICIARY AND HIS/HER RESIDENTIAL ADDRESS

ABROAD. ALSO SIMILAR DETAILS FOR ANY SPOUSE AND UNMARRIED CHILDREN UNDER 21 YEARS OF AGE. B. BENEFICIARY=S JOB TITLE ABROAD. THIS BEING FOR THE LAST THREE YEARS AND BRIEF JOB DESCRIPTION OF THE EXECUTIVE OR MANAGERIAL DUTIES. C. DATE (MONTH & YEAR) THE BENEFICIARY COMMENCED HIS/HER EXECUTIVE OR MANAGERIAL EMPLOYMENT ABROAD TOGETHER WITH RESUME D. IF IN USA A COPY OF I-94 , PASSPORT & VISA PAGE & USA ADDRESS

D. DOCUMENTS REQUIRED FOR ICT-A (INTRA COMPANY TRANSFEREE) FROM THE USA BUSINESS (THIS APPLIES TO A NEW ENTITY) 1. a. IF A CORPORATION THEN EVIDENCE OF INCORPORATION INCLUDING THE FOLLOWING: CERTIFICATE AND ARTICLES OF INCORPORATION: MINUTES OF THE FIRST MEETING OF THE CORPORATION REGARDING THE ELECTION OF OFFICERS AND THE ISSUING OF SHARES: COPY OF THE STOCK LEDGER CERTIFICATE: SHARE CERTIFICATES: b. IF A PARTNERSHIP THEN A COPY OF THAT AGREEMENT TOGETHER WITH PROOF OF PUBLICATION OF THE FICTITIOUS BUSINESS NAME (DBA) TOGETHER WITH ACCOUNTANT=S LETTER CONFIRMING THE PERCENTAGE OF EACH PARTNER I THE PARTNERSHIP: c. IF A SOLE PROPRIETORSHIP THEN THE FICTITIOUS BUSINESS NAME STATEMENT PUBLICATION TOGETHER WITH A LETTER FROM THE ACCOUNTANT OF THE BUSINESS CONFIRMING THE NAME OF THE 100% OWNER OF THE BUSINESS. (PLEASE NOTE THAT IS PREFERABLE THAT THE USA BUSINESS BE IN THE FORM OF A CORPORATION) 2. BUSINESS LICENCE OR APPLICATION FOR BUSINESS LICENCE 3. STATE BOARD OF EQUALIZATION PERMIT (IF APPLICABLE) (ONLY NECESSARY IF THE BUSINESS WILL BE SELLING TO THE PUBLIC) 4. LEASE OF BUSINESS PREMISES. THIS LEASE SHOULD BE FOR A MINIMUM PERIOD OF AT LEAST 1 YEAR. FURTHERMORE A LETTER FROM THE OWNER OF THE PREMISES OR THE MANAGEMENT COMPANY THEREOF CONFIRMING THAT THE BUSINESS IS ACTUALLY OCCUPYING

THE PREMISES AND MAINTAINING THE TERMS OF THE LEASE. IF POSSIBLE SOME TYPE OF PROOF THAT THE PARTY WHO STATES HE/SHE IS THE OWNER OF THE PREMISES IS THE OWNER AND THIS COULD ENTAIL OBTAINING A COPY OF THE ESCROW OR GRANT DOCUMENTS. A FLOOR PLAN, IF AVAILABLE IS REQUIRED.

5. COLOR PHOTOGRAPHS OF THE INTERIOR AND EXTERIOR OF THE LEASED PREMISES. THE PHOTOGRAPHS SHOULD INCLUDE THE BOARD OR NOTICE OUTSIDE/INSIDE THE BUILDING WHERE THE PREMISES ARE LEASED. SUGGESTED THAT AT LEAST 7 PHOTOGRAPHS OF EACH INSIDE & OUTSIDE OF PREMISES 6. COPIES OF RECEIPTS AND DOCUMENTS FROM THE TELEPHONE COMPANY REGARDING THE INSTALLATION OF THE TELEPHONE AND FAX LINES AT THE LEASED PREMISES 7. COPIES OF RECEIPTS FOR EQUIPMENT PURCHASED OR LEASE AGREEMENTS FOR EQUIPMENTS/MACHINERY LEASED INCLUDING FURNITURE, ETC 8. BANK STATEMENT CONFIRMING THE CURRENT AMOUNT IN THE BUSINESS BANK ACCOUNT AS WELL AS ANY OTHER STATEMENTS SHOWING PRIOR BANKING ACTIVITY. 9. DOCUMENTS DEMONSTRATING THE TRANSFER OF FUNDS FROM THE FOREIGN BUSINESS TO THE USA BUSINESS BANK ACCOUNT OR FROM THE INDIVIDUAL ABROAD TO THE USA BUSINESS ACCOUNT.(PLEASE NOTE THAT THE ORIGINATORS OF THE MONEY DEPOSITED INTO THE USA BUSINESS ACCOUNT MUST BE CLEARLY SHOWN AND VERIFIABLE BY NAME WITH ADDRESS AND PHONE/FAX NUMBER) (IF THERE WAS OR WILL BE NO TRANSFER THEN WE NEED THE SOURCE OF THE FUNDS AND THE REASON THEREOF AND DETAILS OF THE PARTY PROVIDING THE FUNDS AND THEIR AFFILIATION/RELATIONSHIP TO THE US OR FOREIGN BUSINESS ) 10. PROPOSED BUSINESS/FINANCIAL PLAN. THIS SHOULD INDICATE THE CURRENT SITUATION OF A NEW ENTITY AND THE PROPOSED BUSINESS PLAN AS THE ENTITY DEVELOPS AND INDICATING OVER THE FIRST YEAR, AS A MINIMUM, HOW THE BUSINESS IS PROPOSED TO BE PROFITABLE OR AT LEAST SHOWING THE PROPOSED GROSS ANNUAL INCOME AND THE RATIONAL THEREFORE. SUGGESTED. A 3 -5 YEAR PLAN

SEE DOCUMENTS REQUIRED BY FOREIGN BUSINESS AS THIS WAS REQUESTED IN THOSE DOCUMENTS AND IF PROVIDED BY THE FOREIGN BUSINESS THEN NEED NOT AGAIN BE PROVIDED BY USA ENTITY. 11. ORGANIZATIONAL CHART OF THE BUSINESS SHOWING THE PROPOSED HIERARCHY OF WORKERS IN THE SAME WAY AS THE FOREIGN BUSINESS (OF COURSE NAMES CANNOT BE DETAILED AT THIS TIME AS THEY WILL ONLY BE DETERMINED IN THE FUTURE BUT THE PROPOSED POSITION COULD BE SET OUT(WE SUGGEST 2 CHARTS, BEING FOR THE PRESENT TIME AND ONE FOR THE FUTURE AS THE BUSINESS PROGRESSES) 12. ANY BROCHURES, ADVERTISEMENTS OR OTHER LITERATURE, IF AVAILABLE 13. ANY ARRANGEMENTS WITH CUSTOM CLEARING BROKERS INCLUDING THE NECESSARY POWER OF ATTORNEY (IF APPLICABLE) 14. PROOF OF PAYMENT FOR ALL SHARES ISSUED (EXTRACT FROM SHARE REGISTRY) 15. LETTERHEADS OF THE USA ENTITY. THE LETTERHEAD SHOULD SET OUT THE FULL NAME AND ANY DBA AS WELL AS FULL ADDRESS/FAX NUMBER/TELEPHONE NUMBER 16. MINUTES OF THE MEETING OF THE USA ENTITY SHAREHOLDERS & AMOUNT OF THEIR SHARE HOLDING LISTING

17. IN THE EVENT OF THE PROPOSED ICT-A BENEFICIARY NOT BEING PHYSICALLY PRESENT IN THE USA TO ATTEND TO THE MATTER MENTIONED ABOVE THEN THE FOLLOWING DATA IS REQUIRED REGARDING THE USA CONTACT/REPRESENTATIVE: NAME/ADDRESS/TELEPHONE & FAX NUMBER/E MAIL ADDESS/SOCIAL SECURITY NUMBER, IF ANY (ON LETTERHEAD OF FOREIGN BUSINESS) F. PROCESSING TIME The time period to obtain an ICT-A visa approval from the INS in the USA varies but is on average about 45-90 days from time of filing the petition. However on payment to the Immigration Service of the sum of $1000.00 a reply from the INS will be received within 15-30 days of filing the Petition. G. FEES

We will discuss. Please note that if it is proposed to purchase a uSA business that has already been operating in the USA then there are further documents required & in this instance we would provide you with these details (This would be done on a case by case basis as each matter differs)

G.

EXAMPLE OF RESOLUTION FROM FOREIGN BUSINESS TO WHOM THIS MAY CONCERN:

We desire and intend to conduct a business in the U.S.A. and specifically in _____________ commencing in 2009. The business in the USA will be established through the formation of a company in the State of _______________ and this will be an Affiliate of our business in (CITY & COUNTRY). We believe in the success of our proposed USA Corporation we will do all possible to ensure its organization and establishment and prosperity and profitability. This will include assistance in the transfer of knowledge, information, personnel as required and particularly assistance in all financial matters. As and when further funds are required we will invest the required sums. As regards the finances of the USA corporation we shall provide funding to it as and when it is necessary as regards its business operations as well as payment of salaries. Our support in this area will commence immediately it is required and will continue for as long as is necessary. We are able to provide the funding necessary for the USA office in view of our financial ability and stability .We will therefore be able to support our USA office as regards salaries, rent and operating expenses. This support is irrespective of the ability of the USA office to support itself It is therefore our intention, as is made clear in this letter, to fully financially support the USA business for all its needs including salaries, rentals, and cost of goods and so on. This will continue until the USA business is self supporting and sufficient that it will not require our assistance. Mr ______________ is to be transferred to the USA business as the President so that he can establish and organize the business as well as hire the necessary and adequate employees to conduct the daily ongoing proposed business. The proposal to transfer is for 1 year We commissioned the preparation of a Feasibility Study and Combined Business Plan for the proposed Business. This Plan will include details of the number of employees required in the business and their proposed positions in the business.

We are aware that the choice of the precise location of the proposed business can only be made once Mr.____________ is transferred to the USA. Mr. ___________________will make the final determination of exact location after he has made a full investigation of the proposed area including the demographics, geographical location, population make up, cost issue, availability of staff and related matters. Therefore in order to start our USA operation we will need an premises from which Mr. __________________ can conduct his investigation and determination of the exact location of alternative premises. This office will allow Mr. ___________________to conduct meetings and interviews with proposed employees as well as other business people and people needed to attend to the development and establishment and make the required contacts and telephone calls. The transfer of Mr. ___________________ at this time is the only proposal for a transfer to the USA. It is possible that later on we may require further transfers but this cannot be decided now

PRESIDENT.

You might also like