In order to qualify for the benefits of an L-1A or an L-1B visa, both employee and employer must meet specific criteria. An employer is eligible to sponsor this visa classification if: The United States entity has a qualifying relationship with the foreign entity (parent, subsidiary, affiliate, etc.); and, both the foreign entity and the United States entity are engaged in regular, systematic business. In conjunction with the aforementioned requirements, the employee must also qualify for the benefit sought.
Specifically, the employee must either operate in a managerial/executive capacity (L-1A), or have highly specialized knowledge that is integral to the continued success of the company (L-1B).
This unique non-immigrant classification is only available to Canadian citizens (TN-1) and Mexican citizens (TN-2). This visa classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. To qualify for this visa, the proffered United States employment must meet specific criteria, in both qualification and job category, as set forth by the regulations.