How does the employee qualify for the L-1 category?
Similar to all other U.S. 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:
- 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.
- 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.
- In addition, the foreign employee must be transferring to a position as executive, manager, or specialized knowledge employee in the U.S.