Intracompany transferees (L1)

An individual who has been employed by a company located outside the U.S. for at least a year in the previous three year period can obtain an L-1 visa to work legally within the U.S.  During the one year period, the individual must have been employed in either a position of managerial or executive capacity, or requiring specialized knowledge, as defined below.  The transfer must be to a parent company, subsidiary, branch, or affiliate of the employer to work as a manager, executive or in a position of specialized knowledge though it need not be the same position the individual held at the non-U.S. company.

According to 8 CFR 214.2(I)(1)(ii)(B), managerial capacity means an assignment within the organization in which the employee primarily:

1. Manages the organization, or a department, subdivision, function, or component of the organization;
2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization;
3. Has authority to hire/fire or recommend as well as other personnel actions (such as promotion and leave authorization) if another employee(s) directly supervised; if no other employee is directly supervised, functions at a senior level; and
4. Exercises discretion over day-to-day operations for which employee has authority. 

Executive capacity means an assignment within the organization in which the employee primarily:

1. Directs management;
2. Establishes goals and policies;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher level executives, board of directors, or stockholders

Specialized knowledge means special knowledge possessed by the individual of the U.S. company’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the company’s processes and procedures.

Visa Petition Process:

Step 1:            

The US company, as the L-1 sponsor, files a visa petition (Form I-129) with the USCIS evidencing that:

1. the individual has been employed abroad  for at least one continuous year in the last three years in an executive, managerial, or specialized knowledge position (described above);
2. the foreign based company has a qualifying relationship (branch, parent, subsidiary, or affiliate) with a U.S. company; and
3. the U.S. company requires the services of the individual for an executive, manager, or specialized knowledge position

The US employer then files the petition and once it is approved, an application for L-1 visa may be submitted as described below.

Step 2:

Upon the approval of the visa petition (Form I-129), USCIS will send a Notice of Action (Form I-797B) which can be used to submit an application for L-1 visa at a US Consulate.  The individual and his/her immediate family members will then be required to attend an interview where the data that was submitted will be verified.   

Step 3:

Upon successful completion of the interview in Step 2 above, the individual may enter the US and can generally stay until the expiration date on the L-1 visa.