1. The alien must have been employed outside the U.S. as a manager, executive or person with specialized knowledge for at least one year in the past three years;

2. The alien is transferred to the U.S. to be employed in a similar position in the U.S. company;

3. The U.S. company must be a branch, subsidiary, affiliate or joint venture partner of the oversea company;

4. The oversea company must remain in operation;

5. L-1 visas for existing U.S. companies can be approved for an initial period up to three (3) years. An extension of four more years is available for an L-1A and an extension for two more years is available for an L-1B.

Manager, Executive or Person With Specialized Knowledge.

To be eligible for an L-1 visa, the alien must be employed in the oversea company as a manager, executive (L-1A visa) or person with specialized knowledge (L-1B).

An executive is a person who:

1. directs the management of the organization or a major part of it.

2. sets the goals or policies of the organization or a part of it.

3. has extensive discretionary decision-making authority.

4. receives only general supervision or direction from higher level executives, a board of directors or the stockholders of the organization.

USCIS looks to independent decision-making, ability to hire/terminate employees, lack of supervision, a high salary, and other factors to determine whether an individual qualifies as executive or managerial.

A executive coming to work for a U.S. office that has been in operation for at least one year may also qualify for permanent resident status as a priority worker.

A manager is a a person who:

1. manages the organization or a department of the organization.

2. supervises and controls the work of other supervisory, professional or managerial employees or manages an essential function of the organization.

3. has the authority to hire and fire those persons supervised. If none are supervised, the manager must work at a senior level within the organization.

4. has the authority to make decisions concerning the day-to-day operations of the portion of the organization which he or she manages.

5. first-line supervisors are lower management personnel who directly oversee non-management workers. A first-line supervisor is not normally qualified for L-1 visa unless the employees supervised are professionals. The word "professional" here means a worker holding a university degree.

USCIS looks to independent decision-making, ability to hire/terminate employees, lack of supervision, a high salary, and other factors to determine whether an individual qualifies as executive or managerial.

A manager coming to work for a U.S. office that has been in operation for at least one year may also qualify for permanent resident status as a priority worker.

A 1994 memo from James Puleo, then with INS HQ, attempting to define "specialized knowledge" for L-1B purposes. This memo has been the basis of a recent spate of RFEs on L-1Bs from VSC.  A more recent memo 12/20/02 explain it in more details.

Once the extension is approved with newly established U.S. branches or subsidiaries, an application can be made for permanent residency (green card) for executive or managerial personnel. An individual who qualifies for an L-1A with a business that has been operating for more than one (1) year can apply for permanent residence without delay. Personnel coming to the United States on an L-1B visa based upon specialized knowledge must undertake a longer and more involved process to obtain permanent residency, called a labor certification (L/C).

more about L/C »

L-1 abuse report.