Your company wishes to transfer to the United States a manager or executive or ‘specialized knowledge’ worker that is currently working abroad for a parent, branch, affiliate or subsidiary. Is the foreign worker eligible for an L-1 visa?
What are the Requirements to Obtain an L-1 Visa?
The foreign worker must have been employed abroad by a parent, branch, affiliate or subsidiary of the petitioning U.S. employer.
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.
Manager or Executive (L-1A)
The foreign worker must have been a manager or executive abroad to obtain an L-1A visa.
‘Specialty Knowledge’ Worker (L-1B)
The foreign worker must have been employed in a ‘specialized knowledge’ capacity abroad to obtain an L-1B visa.
The employer filing the petition must be engaging the foreign worker to work in the United States and must have an Internal Revenue Service Tax Identification Number.
The U.S. employer must have an employer/employee relationship with the foreign worker in that it may hire, pay, fire and supervise or otherwise control his/her work.