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The L-1 (Intracompany Transferee)
visa category is intended to facilitate international business by permitting the
transfer of non-U.S. managers and specialized personnel into the U.S. by companies
with operations in the U.S. and abroad.
Currently, there are two types
of "L" Visas:
I. L-1A visas for employees in an executive or managerial position
Managerial capacity means an assignment with an organization in which the
employee primarily:
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manages the organization, department, subdivision, function or component
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supervises and controls the work of other supervisory, professional or managerial
employees, or manages an essential function within the organization or department
or subdivision of the organization
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has authority to hire and fire or recommend personnel auctions (if other employees
directly supervised), or if no direct supervision, functions at a senior level within
hierarchy or as to function managed and
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exercises discretion over day-to-day operations of the activity or functions;
Ex: first line supervisors are not considered to be in a managerial position unless
they supervise other professionals. Nonetheless, absent supervision of employees
does not preclude one from qualifying as a manager. Under new regulations, a person
may be considered a manager even if he is an only employee of the company, where
he utilizes outside independent contractors or where business is complex.
Executive capacity means that employee primarily:
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directs the management of the organization or a major component or function;
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establishes goals and policies;
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exercises wide latitude in discretionary decision making and
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receives only general supervision or direction from higher level executives,
board of directors or stockholders.
II. L-1B visas for employees in a specialized knowledge capacity:
Specialized knowledge is defined to include the person who has an advanced knowledge
of processes and procedures (i.e. products, services, research, management and other
interests) valuable for competitiveness of the company.
The Main Requirements for L-1 Visas
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alien must be employed continuously abroad for 1 of the past 3 years by parent,
branch, affiliate or subsidiary of U.S. company preceding his application for admission.
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the company for which the alien worked abroad and intends to continue to work
in the US may be a firm, corporation or other legal entity or its parent, branch,
affiliate (including profit, not-for-profit, charitable, religious organizations)
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Alien seeks to enter the USA temporarily to continue to work
for same employer or its branch, subsidiary, or affiliate.
Other requirements for a petitioner.
a) Petitioner is required to demonstrate its ongoing international nature
and that it continues to do business in the United States and abroad.
b) Must continue to do business in the U.S. and abroad for the duration of the Intracompany
Transferee's stay in the United States. (The regulations also require a qualifying
organization to demonstrate the existence of foreign operations to which the
employee can reasonably be expected to be transferred at the end of the authorized
stay in the United States).
c) A qualifying relationship between the business in the U.S. and the business abroad
must exist. (The petitioner desiring to bring the alien to the United States must
be "the same employer or an affiliate or subsidiary thereof" for whom
the alien has been employed abroad prior to entry).
Family members. Spouses and/or children under the
age of 21 who wish to accompany or join the principal visa holder in the United
States for the duration of his/her stay require derivative or L-2 Visas.
Working on an L-2 Visa: As a result of a recent change in the law, spouses
of L-1 visa holders may seek employment authorization on derivative L-1 visas. For
further information, please contact the USCIS on your arrival in the United
States.
Visa Validity/Time Limits. L-1 Intracompany Transferee executives and managers
(L1A) may remain in the United States for up to seven years. Specialized knowledge
personnel (L1-B), however, are limited to a five-year stay. No extensions for "extraordinary
circumstances" are permitted.
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