International Company Transferees: L-1 Qualifying Positions

The contemplated U.S. employment must be in an executive, managerial or specialized knowledge capacity. Personnel transferred to the United States to assume executive or managerial positions are given L-1A classification. Personnel transferred to the United States to assume specialized knowledge positions are given L-1B classification.

Executive Positions

Executive capacity positions for U.S. immigration purposes normally involve directing the management of an organization or a major component or function of an organization. Further, an executive position establishes the goals and policies of the organization, component or function, and exercises wide latitude in discretionary decision-making while receiving only general supervision or direction from higher level executives, the board of directors, or stockholders of the business.

Managerial Positions

Managerial capacity positions for U.S. immigration purposes include both the traditional manager and the functional manager. Managerial capacity positions include the following responsibilities:

• Manages the organization or a department, function or component of the organization
• Supervises and controls the work of other supervisory, professional or managerial employees or manages an essential function within the organization or a department or subdivision of the organization
• Has the authority to hire and fire or recommend those or other personnel actions; or if no employees are supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority

A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisory duties unless the employees supervised are professional.

Specialized Knowledge Positions

For purposes of the L-1 visa category, specialized knowledge means an individual possesses special knowledge of the organization's products, services, research, equipment, techniques, management or other interests and its applications in international markets as well as an advanced level of knowledge or expertise in the organization's processes and procedures.