L-1 Intracompany Transferee must seek to work for the same employer or for the parent, branch, subsidiary, or affiliate of the employer. There are two types of L-1 Intracompany Transferee: L-1A and L-1B. An L-1A is for intracompany transferee who will perform services in a managerial or executive capacity. To qualify for an L-1A, the transferee must be employed abroad in a managerial or executive capacity for at least 1 continuous year within the last 3 years. A U.S. employer or foreign employer may file the petition, but the foreign employer must have a legal business entity in the United States. An L-1A petition may be approved for 3 years at a time, and it is extendable for a total period of 7 years.
An L-1B is for intracompany transferee who will perform services that require specialized knowledge. The L-1B beneficiary must also be employed abroad in a managerial, executive or specialized knowledge capacity for at least 1 year within the last 3 years. Specialized knowledge is defined as special knowledge of the employer’s product, service research, equipment, techniques, management, or other interests or its application in international markets or an advanced level of knowledge or expertise in the employing organization’s processes or procedures. An L-1B petition may be approved for 3 years at a time, and it is extendable for a total period of 5 years.
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