Requirement Details II: Qualifying Position

I. Managers and Executives

The L-1A visa beneficiary should hold a managerial or executive position. Generally speaking, managerial capacity means an assignment with an organization in which the primary duties of the employee include:

(1). Managing the organization, department, subdivision, function or component;
(2). Supervising and controlling the work of other supervisory, professional or managerial employees, or managing an essential function within the organization ro department or subdivision of the organization;
(3). The authority to hire and fire or recommend personnel actions (if other employees directly supervised), or manages an essential function within the organization or department or subdivision of the organization;
(4). Exercising direction over day-to-day operations of the activity or function

So, first-line supervisors are usually not considered to be managers for L-1A visa purposes unless the employees they supervise are professionals. For example, a junior supervisor in an accounting firm may qualify under this definition because the employees they oversee are professional accountants.

II. Specialized Knowledge Staff

The L-1B visa category is designed for staff with special knowledge of a company product, service, research, equipment, techniques, management, or an advanced level of knowledge about the processes, procedures or other interests of the business.

When the special knowledge is about company products, services and so on, the prospective transferee must be more than just a skilled worker. He/she must have knowledge that is not readily available in the U.S. labor market

For more information on L visa, please click on the following links:

Description
Benefits of L visa
Requirements for L visa
Requirement Details I: Qualifying entities
Requirement Details II: Qualifying Position
Procedure for obtaining an initial L visa
Obtain and maintain an L visa
From L Status to Green Card
Documents and Information Needed
L-1 Status in I-485 Pending Period
Attorney and Filing Fees for L Visa
Memo: Be Aware of Abandonment of COS and AOS Applications
L-1 visa FAQ

 

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