An employee who has knowledge of a company’s product, service, research, equipment, techniques, management or other interests and its application in international markets or has an advanced level of knowledge of processes and procedures of the company is a ‘specialized knowledge’ worker.
FAQs about L-1 Requirements
Does the position offered to the foreign worker have to be in a ‘specialized knowledge’ or managerial or executive capacity?
Yes. If the foreign worker is not employed in either a ‘specialized knowledge’ or managerial or executive capacity, s/he will not qualify for L-1 status.
What is a qualifying relationship?
In order to qualify the relationship between the two companies must be parent, branch, affiliate or subsidiary.
What type of organization qualifies?
The organization can be a corporation, company, partnership, association, trust, foundation or fund and includes a group of persons, whether or not incorporated, permanently or temporarily associated together. The organization can be for profit, nonprofit, religious or charitable.
Does there have to be a relationship between the U.S. and foreign company?
Yes. The relationship between the two companies must be either parent, branch, affiliate or subsidiary.
What is an intra-company transfer?
The transfer of a manager or executive or ‘specialized knowledge’ worker from a foreign company to its U.S. parent, branch, affiliate or subsidiary.