Immigration Attorney
Intra-company Transferees (L-1)
Multinational Executives and Managers & Specialized Knowledge
Workers The L-1 intra-company transferee is a nonimmigrant visa category for the transfer of certain employees within multinational companies. Certain employees of foreign companies can transfer to a U.S. company which maintains the requisite corporate relationship with the foreign national’s employer company abroad. Eligible under this category are those offered employment in the capacity of a manager, executive, or other specialized knowledge position. First line supervisors are not considered managers unless they supervise professionals. Large companies that meet specific requirements may file a single blanket L-1 petition for all their employees.
A person acting in managerial capacity:
- Manages the business organization, department, subdivision, function or component;
- Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization, department, division or subdivision;
- Hires and fires employees, takes other personnel decisions; and
- Exercises discretion over day-to-day operations.
A person acting in executive capacity means:
- Directs the management of the organization or a component or function;
- Establishes goals and policies;
- Exercises wide latitude in discretionary decision making; and
- Receives only general supervision or direction from senior executives, board of directors or stockholders.
An employee with specialized knowledge means:
- A person who has special knowledge of the company’s product, service, research, equipment, techniques, management or other interests and its application in international markets, or has advanced level of knowledge of processes and procedures of the company.
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Requirements
- Proof of employment for one year (within last 3 years) with the organization abroad in a managerial and executive capacity;
- Evidence of business operations of the foreign organization;
- Formation of the U.S. organization;
- Evidence of U.S. organization’s need for the multinational manager or executive; and
- Proof of corporate relationship between the foreign organization and the U.S. organization.
Our Role in Your Success
Zaidi Law Firm P.C. provides consultation services to employers who are interested in filing individual or blanket L-1 petitions for their employees. We can also discuss the government’s requirements with companies interested in establishing a new office in the United States and staffing certain positions with L-1 transferees. Only when you have a clear understanding of your responsibilities, the L-1 application procedure, and our plan to secure approval, we will begin preparing all necessary legal documentation and represent either the employer or employee throughout the complete L-1 application process.
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