The international company may be either a U.S. or foreign organisation. The employee must have been employed outside the U.S. with the international company continuously for one year and the international office must remain in operation after the opening of the U.S. office.
L-1 A Executives and Managers
Criteria for Managers:
Manages the organisation or a department of the organisation;
Supervises and controls work of other supervisory, professional or managerial employees, or manages an essential function of the organisation;
Authority to hire and dismiss those employees they supervise, or work at a senior level within the organisation;
Authority to make decisions on the day-to-day operations of the department they manage.
Criteria for Executives:
Directs the management of the organisation (or part of it);
Sets policies and goals of the organisation (or part of it);
Extensive discretionary decision making;
Receives only general supervision or direction from higher level executives, board of directors or shareholders of the organisation.
L-1 B Specialized Knowledge Employees
Specialized knowledge possessed by the individual of an organisation includes:
An advanced level of knowledge or expertise in the organisation's processes and procedures.
L-1 New Office
Where a qualified employee of an international company is coming to the U.S. in order to establish a parent, branch, affiliate or subsidiary. Requirements include:
There are sufficient physical premises to house the new office;
Within one year of the approved petition, the U.S. operation will support an executive or managerial position;
In regards to an employee with specialized knowledge, that the petitioner has the financial ability to remunerate the beneficiary and commence business in the U.S.
Where a company seeks to send multiple employees as intra-company transferees, a blanket petition may be filed. This type of petition is meant to serve only large established companies having multi-layered structures and numerous related business entities.
Visa Duration and L-2 Visas
The L-1A visa can be extended up to a maximum of 7 years in total and the L-1B for five years.
Spouses and unmarried children under the age of 21 are admissible on an L-2 visa. Spouses are eligible to apply for work authorisation during their time in the U.S.