The Immigration and Naturalization Act ("INA"), as amended, defines foreign nationals who qualify for a L-1 intracompany transferee visa as follows:

1) Working in a "managerial capacity" (or as a "manager") means an assignment within an organization in which the employee primarily:

a) manages the organization, or a department, subdivision, function or component of the organization;

b) exercises supervisory control over the work of other supervisory, professional, or managers, or manages an essential function within the organization, or a department or subdivision of the organization;

c) has the authority to hire or fire employees, or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or employees are directly supervised; or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

d) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting any managerial capacity merely by virtue of the supervisor's supervisory duties unless the employee's supervised are professionals.

2) Working in an "executive capacity" (or as an "executive") means an assignment within the organization in which the employee primarily:

a) directs the management of the organization or a major component or function of the organization;

b) establishes the goals and policies of the organization, component or function;

c) exercises wide latitude in discretionary decision-making; and

d) receives only general supervision or direction from higher level executives, the Board of Directors, or stockholders of the organization.

Factors used to evaluate whether a foreign national is an "executive" or "manager" include:

a) whether the beneficiary has been, and will be, primarily performing the tasks necessary to produce the product or provide the services of the organization;

b) whether the beneficiary has occupied and will occupy a senior position within a complex organizational hierarchy;

c) whether the beneficiary has managed and will manage an important function within the organization;

d) whether the employer has the financial ability to renumerate the executive or manager and other workers who will perform the tasks necessary to produce the product or provide the services of the company;

e) whether the evidence presented by the employer is sufficient to establish the beneficiary's eligibility for a L1A visa as an executive or manager; and

f) whether the petitioner is a new entity.

3) Immigration and Naturalization Service ("INS") regulations define an employee with "specialized knowledge" as:

Special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.

4) A "branch" is defined as an operating division or office of the same organization housed in a different location.

5) An "affiliate" is defined as:

One of two subsidiaries which are owned or controlled by the same parent or individual, or by a group of individuals so long as each individual owns and controls approximately the same share or percentage of each entity. An Affiliate also includes certain international accounting firms that market accounting services under an internationally recognized name.

56) A "subsidiary" includes:

direct or indirect ownership of at least half of another entity, ownership of 50% of a 50-50 joint venture with equal control and veto power, or ownership of less than 50% of an entity with in fact control over the company.