1. The employee must have worked abroad for the overseas company for a continuous period of one year during the preceding three years.
2. The company at which the employee fulfilled the work requirements must be related to the U.S. company in a specific manner, such as parent/subsidiary, sister companies with common parent.
3. The company must be a qualifying organization—one that is doing business in the United States and one other country throughout the entire period of transfer.
4. The employee must have been employed abroad in an "executive" or "managerial" position (L-1A) or a position involving "specialized knowledge" (L-1B).
5. The employee must be coming to the U.S. company to fill one of these capacities (Executive, Managerial, or Specialized Knowledge).
6. The employee must be qualified for the position by virtue of his or her prior education and experience.
7. The L-1 visa holder must intend to depart the United States upon completion of his or her authorized stay.
Some of these requirements are easy to meet and no extensive documentation is necessary especially when the employer is well known and well established. However, when the company is small or just begining, please be prepared to provide extensive documentation to establish eligibility for the L visa. The professional services of an experienced immigration attorney are therefore strongly recommended.
For more information concerning the requirements of EB-1(c), please see the Requirement Details sections.
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