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The transferee under the L-1 visa status may be admitted to the United States for a maximum initial period of stay of three years (new business transferees usually receive an initial one year period of stay). The total period of stay may reach seven years for L-1A managers and executives and five years for L-1B specialized knowledge personnel (extensions are granted in increments of 2 years).

BASIC REQUIREMENTS

• The foreign entity must have been engaged in regular systematic and continuous provisions of goods and/or services for at least 12 months and be able to provide necessary documents as evidence of this.

• The employee transferring must have been in full time employment with the company abroad for a continuous period of at least one year at any time within the preceding three years in an executive or managerial position, or a position involving specialized knowledge.
  Executive capacity is defined as directing management of an organization or major component or function of an organization, establishment of goals and policies, exercising a wide latitude of discretionary decision-making, receiving only general supervision or direction from higher level executives, board of directors or shareholders of the company.

  Manager is defined as directing the organization, department or subdivision of the organization or a function, control of work of other professionals, supervisory or managerial employees, authority to hire and fire or recommend those actions as well as other personnel actions.

  Specialized knowledge is defined as having special knowledge of the company product and its application in international markets, or has an advanced level of knowledge of processes and procedure of the company.

• The employee must be coming to the US company to fill one of these capacities (executive, managerial or specialized knowledge) and must be qualified for the position by virtue of his or her prior education and experience. The employee can only work for the visa sponsor.

• The US company must be doing business in any legal form, such as corporation, limited company, partnership, joint venture or sole proprietorship, and must be a subsidiary, branch, affiliate or joint venture partner of the foreign entity.

• One company that is party to the transfer must have "effective control" of the other company, or both must be "effectively controlled" by the same third company, individual or group of individual shareholders. "Effective control" usually refers to at least 50% ownership.

• The company must be a qualifying organization - one that is doing business and employing managerial and subordinate positions in the United States and one other country during the whole period of the transfer.

• If the transferee is coming to the United States to manage a "new office" it must be shown that the new office will be able to sustain a manager or executive transferee within one year of approval of the petition by producing documents to establish proposed nature of the office, proposed organizational structure, financial goals, a Lease securing physical premises and evidence of the size of the US investment and the financial ability of the foreign entity to commence doing business in the United States.

• No prevailing wage or Labor Condition is required for the L-1 visa application.

• Spouses and dependant unmarried children under 21 of the beneficiary may receive an L-2 visa and accompany the beneficiary to the United States.

• Spouses of L-1 visa holders may apply for employment authorization for the duration of their visa.

• During the approved period of stay under the L category, permanent resident status may be applied for the beneficiary by the visa sponsor through the employment, providing the employer fulfills the criteria for trading period and employment.

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