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L-1 VISA - INTRACOMPANY TRANSFEREE A foreign national who has worked for at least one in the last three years in one of the company’s overseas offices may be eligible for a L-1 Intracompany Transferee visa. In order to qualify, the employee must work in the US as a manager, executive or specialized knowledge worker. An L-1 Manager is one who: (1) Manages the organization, department, subdivision, function or component; (2) 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; (3) Has authority to hire and fire or related recommend personnel actions, or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function. An L-1 Executive is one who: (1) Directs the management of the organization or a major 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. A Specialized Knowledge Worker is one who has an advanced level of knowledge of the company’s processes and procedures. More specifically, it is one whose advanced level of expertise and proprietary knowledge of the company’s service, research, equipment, techniques, management or other activity is not readily available in the US labor market. The characteristics of an employee with "specialized knowledge" include: (1) Possesses knowledge that is valuable to the employer's competitiveness in the market; (2) Is uniquely qualified to contribute to the company’s knowledge of foreign operating conditions; (3) Has been utilized as a key employee abroad and has been given significant assignments which have enhanced the company's productivity, competitiveness, image or financial position; and (4) Possesses knowledge, which can be gained only through extensive prior experience with the company. L-1A managers and executives are granted L-1 status for an initial period of up to three years and, through extensions, a total of up to seven years. L-1B specialized knowledge workers may stay in the US for a total of up to five years. Those employees whom the USCIS qualifies as managers or executives may also be eligible for a more direct and expeditious route to permanent residence (green card) upon the filing of additional petitions. L-1 Visa petitions are generally filed first with the USCIS. Following USCIS approval, the employee must take the Approval Notice to a US Consulate to obtain the L-1 visa. Canadian citizens do not require visas to enter the US, so they may present the petition for L-1 status at the border or Canadian airport and enter the US immediately upon approval (within an hour or so). Spouses and children (under 21 years of age) of L-1 employees are eligible for L-2 visas to come to the US with the principal employee. Spouses of L-1 workers may obtain their own independent work authorization by filing a separate application with the BCIS – which will allow them unlimited work authorization for as long as the principal alien maintains L-1 status.
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