How does the employee qualify for the L-1 category?
Similar to all other US work visas, there is a set of specific requirements for the L-1 visa category. In order to qualify for the L-1 visa, the employee to be transferred has to satisfy the following requirements:
1. During the three years prior to the application, the employee has to have worked for a minimum of one year for the company or subsidiary in the foreign country. Consultancy or freelance contracts do not usually qualify for that category.Please note: Any business trips to the US during the employment cannot be included in the total time of employment in the foreign country.
2. Only executives, managers, and specialized knowledge employees qualify for the intra-company transfer.
- Executive: an employee who directs the management of the company or at least a large part of the business and has decision-making power, i.e. has a supervisory role over personnel and/or key functions of the company.
- Manager: person who directs and controls the day-to-day operations of a function or unit/subdivision of the business.
- Specialized knowledge employees: employees with special knowledge of the company’s products and their application in international markets. Advanced and in-depth knowledge of the company’s products as well as knowledge of the company’s processes and procedures.
3. In addition, the foreign employee must be transferring to a position as executive, manager, or specialized knowledge employee in the US.
References
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