L-1 Visas:  Intracompany Managers, Executives and Specialized Knowledge Employees

L1A is reserved for managerial or executive L-1s, while L1B is reserved for "specialized- knowledge"

This visa is for specialized knowledge or executive or managerial level employees at a multinational company and has worked for a period of more than one year for the company outside the U.S. Such employees can be transferred to the U.S. counterpart of their company or a sister concern, i.e., parent, branch, subsidiary, or affiliate of the same organization.

Business Abroad Must Continue. The petitioner must be doing business in the U.S. and at least one other country for the duration of the stay. Both the U.S. and the foreign company must be active.

L-1A Visasâ??Intracompany Managers and Executives

"Manager"
A "manager" actively manages the organization, or a part thereof, or they manage a "function." Managers either:

• Oversee the work of other supervisors, managers, or professionals; OR,
• They manage essential functions of the organization.

"Managers":

• Have discretion over day-to-day operations.
• Manage the organization, or a department, subdivision, function or component of the organization.
• Supervise and control the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or department or subdivision of the organization.
•  Have the authority to hire and fire as well as other personnel actions.

"Executive Capacity"

Executives are responsible for directing the management of the organization or of a major component or function. They set policies and goals and have broad latitude to make important business decisions. They operate with only minimal supervision.

"Executives"

• Direct the management of the organization or a major component or function of the organization.
• Establish the goals and policies of the organization, component or function.
•  Exercise wide latitude in discretionary decision-making.
•  Receive only general supervision or direction from higher level executives, the board of directors or stockholders of the organization.

"Specialized Knowledge"

Specialized-knowledge employees either:

• Have a detailed understanding of the company's products and services and the international markets for those products  and services; OR,
• They have advanced knowledge of company processes and procedures.

"Specialized knowledge" is knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application to international markets, or an advanced level of knowledge or expertise in the organization's process and procedures.   It must be knowledge that can be obtained only through experience with that employer, such as experience with proprietary software or methodologies unique to the company, which is also important to the competitiveness of the company.

Additional L-1 Visa Characteristics
Time Limitation. Individual petitions may be granted for up to three years, with a possible extension of two years for all L's and another two years beyond that for all executives and managers.

Adjustment to Permanent Residence. In certain circumstances, it may be possible to convert the L-1 visa for executives and managers to lawful permanent residence status.  However, the applicant must initially show that they intend to depart the U.S. when the stay is over.

New Businesses. Persons coming to open up a new office in the U.S. will only be granted a one-year stay in the U.S.