L-1 Visa

No.

No.

Yes. If the foreign worker was employed in a ‘specialized knowledge’ or managerial or executive capacity, s/he must continue in that capacity in the United States.

No. However, the foreign worker must dedicate a significant portion of time on a regular and systematic basis.

Yes. The foreign worker is required to have continuous full-time employment abroad for 1 year.

The foreign worker must have been continuously employed abroad for at least 1 year within the past three 3 years preceding the filing of the L-1 petition.

Where the employee directs the management of the organization or a major component or function; establishes goals and policies; exercises wide latitude in discretionary decision making; and received only general supervision or direction from higher level executives, board of directors or stockholders, s/he is employed in an executive capacity.

Where the employee manages the organization, department, subdivision, function or component; supervises and controls the work of other supervisory, professional or managerial employees or manages an essential function within the organization or department or subdivision; has authority to hire and fire or recommend personnel actions, or if not direct supervision, functions at a senior level… Read More

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.

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.