The L-1 classification applies to international transferees who have worked for any organization abroad for at least one year in the past three years and will be working in the United States in an executive or managerial (L-1A) or specialized knowledge capacity (L-1B).
To be eligible for L-1 intra company transferee as an international executive, an employee must:
1. Be in a position where he is directing at least a major component or a function of the management if not the organization as a whole.
2. Be responsible for establishing the goals and policies of at least a component or any function of the organization
3. Be involved in discretionary decision-making
4. Be in a position where he is liable to receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
To qualify as an L1-A international manager, the employee must:
1. Be a manager in the organization at least of a department, subdivision, function or component
2. Be a supervisor and in control the work of other supervisory, professional, or managerial employees
3. Be in management of an essential function within the organization, or a department or subdivision of the organization;
4. Have the authority to hire, terminate, promote etc either at a senior level within the organizational hierarchy or with respect to the function managed
To qualify as a specialized knowledge transferee L1-B, the employee must:
Either possess knowledge of the company’s products and its application in international markets; or have an advanced level of knowledge of processes and procedures of the company.
The law considers an employee as a special knowledge transferee if the knowledge he possesses is found to be different from that generally found in the particular industry.
Possible knowledge areas when the law grants L1-B transferee:
1. Knowledge that is valuable to the employers competitiveness in the market place
2. knowledge of foreign operating conditions
3. Experience of working abroad in a capacity involving significant assignments which have enhanced the employer's productivity, competitiveness, image or financial position
4. Knowledge which normally can be gained only through prior experience
5. Knowledge of a product or process that cannot be easily transferred or taught to another individual
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