The L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the US operations. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.

Employees in this category will be granted an L1 visa, initially for a three year period, extendible to a maximum of 7 years. On completing the maximum allowable period in L1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L status.

There are two types of employee who may be sponsored for L1 visas:

• Managers/Executives
  
The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three year period extendible in 2 year increments to a maximum of 7 years.


• specialized knowledge
  
This category covers those with knowledge of the company's products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category are issued an L1B visa, initially for three years extendible to a maximum of five years.

REQUIREMENTS:

• Overseas Employment:
• The transferee must have worked abroad for the US Company for a continuous period of one year in the preceding three years
  
  
• Company operating in the US must have employeed the transferee in its overseas branch.
  
  
• US Employment:
• The transferee must be coming to the United States to fill one of the "Executive/Managerial" position or in a position involving "Specialized Knowledge" and provide proof that they are qualified for the position.
  
  
• The company must be operating in US for at least one year.
  NOTE: The company must be actively doing business with good track record of revenue.
  
  
• The US company should continue to carry on doing overseas business for the duration of the transferee’s L1 status.
  
  
• Qualifying Relationships between US and Overseas company:
• Overseas parent company must own at least 50% of a US subsidiary, and have veto powers over the subsidiary’s actions; or
  
  
• US parent company must own must own at least 50% of the overseas subsidiary, and have veto powers over the subsidiary’s actions; or
  
  
• Affiliate US and overseas companies must each be at least 50% owned by the same ultimate parent; or
  
  
• US company with a branch office overseas qualifies, as does a overseas company with a US branch (though this must be more than simply an agent or representative); or
  
  
• A US organization which employs (e.g. sales personnel) overseas can sponsor such employees for L1’s even if there is no overseas office
  
  
NOTE: the ownership requirements are not as strict in the case of vary large corporations, where a substantial minority shareholding will be a qualifying relationship.