This document provides information about the L-1 visa program for intracompany transfers. The L-1 visa allows multinational companies to temporarily transfer executives, managers, and employees with specialized knowledge from overseas offices to offices in the United States. The L-1 visa has two subcategories: L-1A for executives and managers, and L-1B for those with specialized knowledge. The document outlines the eligibility requirements for companies and employees seeking L-1 visas, including prior employment abroad in a qualifying executive, managerial, or specialized knowledge position. It also discusses maximum visa durations and permissible visa extensions.

1. USA
USA L1-Visa

2. L1-Visa
The L-1 program is best suited to larger companies to bring executives, managers, or
employees with specialized knowledge from a foreign branch to their U.S. branches.
In many cases, larger companies have international rotation policies for managerial
personnel to assure that all key employees have equal opportunities for career advancement
when a coveted position opens up at any location around the world. More than career
advancement are the benefits that redound to the company institutionally. Cross-fertilization
of ideas among high-level employees and executives enhances their company’s
competitiveness and fosters an exchange resulting in innovation, which is essential to the
company's reputation and development. A regular rotation of key personnel also improves
and ensures uniformity of services and processes within the company at a global level.
Whatever the case may be, the L program is specifically designed to facilitate the needs of
intra-company transfers between countries. Let’s take a look at the two L-1 classification: L-
1A and L-1B.

3. L-1A Intra-company Transferee Executive
or Manager
The L-1A non-immigrant classification enables a U.S. employer to transfer an
executive or manager from one of its affiliated foreign offices to one of its
offices in the United States. This classification also enables a foreign
company which does not yet have an affiliated U.S. office to send an
executive or manager to the United States with the purpose of establishing
one. The employer must file a Form I-129, Petition for a Non-immigrant
Worker, with fee, on behalf of the employee.
The following information describes some of the features and requirements of the L-1
nonimmigrant visa program.

4. General Qualifications of the Employer
and Employee
To qualify for L-1 classification in this category, the employer must:
 Have a qualifying relationship with a foreign company (parent company, branch,
subsidiary, or affiliate, collectively referred to as qualifying organizations)
 Currently be, or will be, doing business as an employer in the United States and in at least
one other country directly or through a qualifying organization for the duration of the
beneficiary’s stay in the United States as an L-1. While the business must be viable, there
is no requirement that it be engaged in international trade.

5. L-1A Employee Requirements
The requirements for an L-1A beneficiary comprise the following:
 The alien employee must have worked abroad for the overseas company for a continuous
period of one year within the three years immediately preceding his or her admission to
the United States. Any time spent working in the United States will not count toward the
one year of required employment.
 The employee must have been employed abroad in an executive or managerial position,
otherwise known as a “qualifying position.” -For more information on qualifying
positions, visit our page on the topic here.
 The employee must be relocating to the U.S. to provide services in an executive or
managerial capacity for a branch of the same employer or one of its qualifying
organizations. -According to federal law, “executive capacity” refers to the employee’s
ability to make decisions with wide latitude and without much oversight.

6.  “Managerial capacity” generally refers to the ability of the
employee to supervise and control the work of professional
employees and to manage the organization, or a department,
subdivision, function, or component of the organization. It may
also refer to the employee’s ability to manage an essential
function of the organization at a high level, without direct
supervision of others.
The employee must be qualified for the position by virtue of his
or her education and experience.
The employee must intend to depart the United States upon
completion of his or her authorized stay.

7. L-1B: Intracompany Transferee—
Specialized Knowledge
The L-1B classification is designed for professional employees with specialized knowledge of
a company or industry. An example of an employee with specialized knowledge would be
one with proprietary knowledge about a company's product who needs to travel to the U.S.
to impart his or her specialized knowledge to new U.S. employees. As with an L-1A,
companies that do not currently have an office in the United States can use the L-1B to
transfer an employee with specialized knowledge to help establish one. The L-1B is issued
initially for three years, with one two-year extension for a maximum stay of five years. (For
additional information on the L-1B subtype, refer to this page.)
For both the L-1A and L-1B, the U.S. company where the transferee will work and the foreign
company where the transferee previously worked must be related in a specific way, such as
through a parent-subsidiary relationship. We delve into what constitutes an L-1 qualifying
business entity here.

8. L-1B Employee Requirements
Unlike L-1A beneficiaries, prospective L-1B holders are not required to work as a high-level
managers or executives. Instead, they must be recognized as having “specialized
knowledge.”
U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum in 2015
that superseded previous guidance on adjudicating L-1B petitions. Particularly of note is the
threshold the agency stipulates that a beneficiary must meet or surpass in terms of
possessing “specialized knowledge.” Because section 214(c)(2)(B) of the Immigration and
Nationality Act (INA) does not explicitly define specialized knowledge in the L-1B context,
USCIS imbued the term with clearer meaning.

9. According to USCIS, beneficiaries seeking L-1B classification will be
determined to have specialized knowledge if they have either
“special” knowledge or “advanced” knowledge (or both). USCIS
defines the two terms as follows:
 Special knowledge: knowledge of the petitioning organization’s
product, service, research, equipment, techniques, management,
or other interests and its application in international markets that
is distinct or uncommon in comparison to that generally found in
the particular industry
 Advanced knowledge: knowledge of or expertise in the
petitioning organization’s specific processes and procedures that
is not commonly found in the relevant industry and is greatly
developed or further along in progress, complexity, and
understanding than that generally found within the employer

10. Period of Stay
Qualified employees entering the United States to establish a new office will be allowed a
maximum initial stay of one year. All other qualified employees will be allowed a maximum
initial stay of three years. For all L-1A employees, requests for extension of stay may be
granted in increments of up to an additional two years, until the employee has reached the
maximum limit of seven years
Family of L-1 Workers
The transferring employee may be accompanied or followed by his or her spouse and
unmarried children who are under 21 years of age. Such family members may seek
admission in L-2 nonimmigrant classification and, if approved, generally will be granted the
same period of stay as the employee.
If these family members are already in the United States and seeking change of status to or
extension of stay in L-2 classification, they may apply collectively, with fee, on an Form I-539,
Application to Change/Extend Nonimmigrant Status.
Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application
for Employment Authorization with fee. If approved, there is no specific restriction as to
where the L-2 spouse may work.

11. Permit Requirements for the L-1A Permit
 The executive/manager should have worked out of the country for the overseas
organization for a continuous duration of 1 year during the preceding three years, prior
to entry to the US.
 The transferee should have been hired overseas in either a managerial or an executive
capacity, otherwise called a qualifying capacity.
 The executive/manager should be arriving to the US firm to offer his professional services
in a managerial or executive position. The federal law suggests that the executive
capacity, by and large, refers to the worker’s capability to make decisions with a great
freedom, and minus much oversight.

12.  Managerial capacity commonly refers to the capacity of the worker to
manage and have power over the work of professional workers and to
administer the group or a section, subdivision, function, or part of the
group. The same could also refer to the managers’ capability to supervise
an indispensable function of the firm at a high level, minus the direct
administration of others.
 Directors, partners, proprietors or senior executives of existing overseas
business that are opening their branch or subsidiary in USA make an
application under either of above – executive or managerial – capacities
and manage the USA operations of the principal company.
 The executive/manager should be skilled for the position by asset of his
or her previous education & experience.
 The L-1 Permit holder should aim to leave the shores of the US upon the
conclusion of his sanctioned stay.

13. L-1 A Visa Prerequisites (Documents) -
 To start with, it is vital that a notarized English translation accompanies every
paper/certificate in a foreign language.
 Overseas Firm:
 Latest yearly report or financials – the previous three years
 Firm Brochure or Marketing matters
 Duplicate of US Office Lease
 Proof of Ownership with the US Firm
 An employment offer letter mentioning the duties to be carried out in the US
 A duplicate of a comprehensive Organizational Chart of the Foreign Firm

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