The employer must conduct business in two or more countries, one of which must be the United States, either directly or through affiliates or subsidiaries. Here the alien must have been employed in a managerial or executive capacity for at least one continuous year in the preceding three years by the overseas affiliate, parent subsidiary, or the branch of the U.S. employer and continue to work in the United States in the capacity of a manager or executive.
Managerial capacity requires
(1)management of an organization, department, component or function;
(2) supervision and control of other supervisory, managerial, or professional personnel or management and essential function;
(3) authority to make personnel decisions or functioning at a senior level if a function is managed; and
(4) exercise of discretion over the operations or a function.
Executive capacity requires:
(1)management of an organization or major component or function;
(2) authority to establish goals and policies;
(3) wide latitude in discretionary decision making; and
(4) only general supervision from higher executives, the board or directors or stockholders.
Aliens can qualify for this position at the first anniversary of the grant of a previous L-1 Visa.
Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file
Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.
