General Requirements for the Employer

• The company must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying entities.
• The company must also be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade. Doing business refers to the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

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.

General Requirements for the Employee

• The employee must have worked abroad for the overseas company for a continuous period of one year during the preceding three years before admission to the United States.
• The employee must have been employed abroad in an "executive" or "managerial" position. For more information on qualifying positions, please read on the Qualifying Positions.
• The employee must be coming to the U.S. company to fill one of these capacities (Executive, Managerial, or Specialized Knowledge). According to 8 CFR 214.2(l)(1)(ii), Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.  Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.  
• The employee must be qualified for the position by virtue of his or her prior education and experience.
• The L-1 visa holder must intend to depart the United States upon completion of his or her authorized stay.

Additional Requirements for New Offices

For foreign employers who want to send an L-1 visa holder to the United States for the purpose of establishing a new office, the following must also be met.

L-1A

• The company has secured a sufficient physical premise to house the new office
• The new U.S. office will support the said executive or managerial position within one year of receiving petition approval.

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

• L-1 Visa Description
• Procedure for obtaining an L visa
• More Information on the L-1 Visa
• Benefits of the L-1 Visa
• General Requirements for L-1A Visas
• Specific Information on Qualifying Entities
• Specific Information on Qualifying Positions
• Information/Documents Needed for L-1 Petition
• L-1A Blanket Petitions
• Obtain and Maintain an L Status
• From L-1A Status to Green Card
• The Impact of Employment-Based Adjustment of Status Filing on L-1A Status
• Brief Information on Recapturing Time on an L-1 Visa
• L-2 Visas
• What are the Fees for an L-1A Petition and Extension?
• L-1 visa FAQ