L-1 Visa Requirements You Must Meet

While you must meet some important L-1 Visa requirements, this visa is one of the most advantageous tools available to international companies needing to bring foreign employees to the United States. One of the most important advantages of the L-­1 visa is that employees who are in a managerial or executive position are eligible for expedited processing of permanent residency under a similar category for immigrant visas. They are considered “priority workers” in the first preference of immigrant visas. The L-­1 visa for managers, executives, or specialized knowledge workers is suitable for multi-­national organizations that require foreign manpower to fill key position in the United States. Small companies may use the category as easily as large companies.

What are the L-1 Visa Requirements?

A person who within the preceding three years, which is calculated from the date of the filing of the L-­1 petition, has been employed outside the United States for at least 12 consecutive months by a qualifying organization, may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge.

Such person will be transferred to the United States under this nonimmigrant classification is referred to as an intra-­company transferee and the organization that seeks the classification of an alien as an intra‐company transferee is the petitioner, which is the US based entity within the multi-­national organization. Read our blog Rules for Successful L-1 Visa Application before you apply.

Is the Employee Eligible for Intra-­Company Transfer?

A foreign worker who within three years preceding the time of petitioner’s filing, has been employed outside of the United States for at least one year by a firm, corporation, or other legal entity or parent, branch, affiliate, or subsidiary; and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary in a capacity that is managerial, executive, or involves specialized knowledge.

An independent contractor who performed services for a foreign affiliate will not qualify, even if these services were controlled and regulated by the foreign company.

What Does Managerial Capacity Mean?

Managerial capacity means responsibilities within an organization in which the employee predominantly: (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, or a department or subdivision of the organization; (3) Has the authority to employ and dismiss or recommend those as well as other personnel actions (such as promotion and time off authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a higher‐ranking level within the organizational hierarchy or with respect to the function managed; and (4) Exercises discretion over the day-­to-­day operations of the activity or function for which the employee has authority. A first‐line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.

What Does Executive Capacity Mean?

Executive capacity means a position within an organization in which the employee primarily: (1) Directs the management of the organization or a major component or function of the organization; (2) Establishes the goals and policies of the organization, component, or function; (3) Exercises wide latitude in discretionary decision-­making; and (4) Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

What Does Specialized Knowledge Mean?

Specialized knowledge means special knowledge possessed by an individual of the petitioning organization’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 organization’s processes and procedures.

Does the Business Entity Qualify for Intra-­company Transfer?

Qualifying organization means a United States or foreign firm, corporation, or other legal entity that meets exactly one of the qualifying relationships specified below and is or will be doing business as an employer in the United States and in at least one other country directly or through a parent, branch, affiliate or subsidiary for the duration of the alien’s stay in the United States as an intra-­company transferee. Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

What is the Duration of Stay with an L-1 Visa?

The total period of stay permitted for a manager or executive is seven (7) years, while it is five (5) years for specialized knowledge employees. A foreign national may be admitted to the United States in L‐1 Visa status for up to a maximum initial period of stay of three years. A special one (1) year initial period of stay applies when the intra-­company transferee is coming to the United States to open a new office.