07/29/10

L-1A and L-1B Visas

The L-1 visa enables past and present employees of multi-national companies to transfer to the United States to work for a parent, branch, subsidiary or related company in the United States.

Eligibility for the L-1 visa is limited to 1) managers or executives and 2) employees with "specialized knowledge". The transferee must have worked for the related company abroad for at least one year within the past three years. Any time spent in the United States generally cannot be included in the required one year of employment. 

I.        Managers and Executives (L-1A)

A. “Manager” is defined by the regulations as a person with the following responsibilities:

1.   Manages the organization, a department, subdivision, function or component of the company at a senior level;

2.   Supervises and controls the work of other professional employees with the authority to: hire and fire (or recommend hiring and firing); evaluate; and direct the work of their subordinates. OR manages an essential function with the organization and functions at a senior level; and

3.   Exercises discretion over the day-to-day operations of the function.

B. “Executive” is defined by the regulations as a person with the following responsibilities:

1.   Directs the management of the organization or a component or function;

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.

II.            Specialty Knowledge Workers (L-1B)
 
The other group that is eligible for L-1 are workers who have company-specific specialized knowledge.

Specialty Knowledge workers generally must have either 1) specialized knowledge of the company’s products and their application internationally, or 2) specialized knowledge of the company’s processes and procedures. We must establish that this specialized knowledge sets the transferee apart from others in the same industry, and that it is not commonly held throughout the industry. Specialized knowledge includes possession of knowledge of a product or process which cannot be easily transferred or taught to another individual.

Family members of L-1 employees are eligilbe for an L-2 visa.  L-2 visa holder may apply for work authorization for employment with any company in the United States.