L-1 Work Transfer Visa

You may be eligible for an L-1 visa if you've been employed for at least one continuous year out of the last three years by an international firm or corporation, and want to come to the United States to continue work for the same employer as a manager, executive or in a position that requires specialized knowledge.

You may qualify as a "manager" if you:

• Manage the organization, department, subdivision, function or component of the business
• Supervise and control the work of other supervisory, professional or managerial employees or manage an essential function within the organization or department or subdivision of the organization
• Have the authority to hire and fire or recommend personnel actions
• Have discretion over day-to-day business operations

You may qualify as an "executive" if you:

• Direct the management of the organization
• Establish wide goals and policies
• Have wide latitude in discretionary decision making
• Receive only general supervision or direction from higher level executives

You may be in a position requiring "specialized knowledge" if you:

• Have knowledge that's valuable to your employer's competitiveness in the market place
• Are uniquely qualified to contribute to your employer's knowledge of foreign operating conditions
• Have been a key employee abroad and been given significant assignments which have improved your employer's productivity, competitiveness or financial position
• Have knowledge that could only be gained through extensive prior experience with your employer

In order to qualify for L-1 status, the company you'll be working for in the United States must be either a parent, branch, affiliate or subsidiary of the company you've worked for abroad. There must be common ownership and control of the two companies.

Andrew M. Wilson is an immigration attorney practicing in New York. He is a member of the Serotte Reich & Wilson, LLP firm, and can be reached at awilson@srwlawyers.com .

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