L-1A & L-1B Intracompany Transferee Visas

b) Executive is defined as:

i. Directs the management of the organization or a major component or function of the organization;

ii. Establishes the goals and policies of the organization, component, or function;

iii. Exercises wide latitude in discretionary decision-making; and

iv. Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

3) The employment must have involved specialized knowledge (L-1B).

a) Specialized knowledge is defined as:

i. Special knowledge possessed by an individual of the organization's product, service, research, equipment, techniques, management, or other interests; and,

ii. Its application in international markets ; or,

iii. An advanced level of knowledge or expertise in the organization's processes or procedures.

4) The U.S. employer must be the parent, subsidiary, affiliate or branch of the employer abroad.

a) Definitions:

i. Parent: a firm, corporation or other legal entity which has subsidiaries.

ii. Branch: an operating , division or office of the same organization housed in a different location.

iii. Subsidiary: (a) a firm, corporation or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity, or (b) a 50/50 joint venture whereby the petitioning employer has equal control and veto power, or (c) owns, directly or indirectly, less than half of the entity, but in fact controls the entity.

iv. Affiliate: (a) one of two subsidiaries, both of which are owned and controlled by the same parent or individual, or (b) one of two legal entities owned and controlled by the same individuals, each individual owning and controlling approximately the same share or proportion of each entity.

v. Partnership as affiliate. A partnership organized in the U.S. to provide accounting services that markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, and a partnership that is organized outside the U.S. to provide accounting services shall be considered to be an affiliate of the U.S. partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the U.S. partnership is also a member.