Managerial capacity means an assignment within an organization in which the employee primarily:

(1) Manages the organization, or a department, subdivision, function, or component of the organization

(2) Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization

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

(4) 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 in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.

Executive capacity means an assignment within an organization in which the employee primarily:

(1) directs the management of the organization or a major component or function of the organization
(2) Establishes the goals and policies of the organization, component, or function
(3) Exercises wide latitude in discretionary decision-making and
(4) Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

Specialized knowledge means special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its 4pplication in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.

New office means an organization which has been doing business in the United States through a parent, branch, affiliate, or subsidiary    for less than one year.

Qualifying organization means a United States or Indian firm, corporation, or other legal entity which is or will be doing business (engaging in international trade is not required) as an employer in the United States and in at least one other country directly or through a parent, branch affiliate, or subsidiary for the duration of the employee's stay in the United States as an intracompany transferee.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and India.

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

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

Subsidiary means 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 owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50­50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.

Affiliate means
(1) One of two subsidiaries both of which are owned and controlled by the same parent or individual, or

(2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or

(3) In the case of a partnership that is organized in the United States to provide accounting services along with managerial and / or consulting services and 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, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of the United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.

Common Documents Required in India

(a) Valid passport.
(b) Completed and signed visa application Form DS-157.
(c) Completed and signed visa APPLICATION Form DS-157.
(d) Appointment letter.
(e) HDFC Bank Fee receipt with two bar code stackers.
(f) Demand draft for the issuance fee.
(g) One recent passport size photograph.
(h) I-797 - the original notice approval.
(i) The complete petition submitted by the prospective employer and the Form I-129.
(j) The originals of the employee's University diplomas, mark sheets and any other relevant certificates except secondary school information.
(k) Work experience letters from the previous employers.
(l) One set of photocopy of all the above documents.
(m)Letter from the petitioning employer confirming employer's intent to hire the applicant.
(n) Letter from the employer stating how long he/she have worked for the company.
(o) Pay slips from current or most recent place of employment.
(p) In case the applicant is applying for the first time:

(i) Names and current phone numbers of the personnel managers at the applicant's present and past jobs.
(ii) Photographs of the inside and outside of current or most recent employer's place of business.
(iii) Names and contact information of two co-workers from the applicant's current or most recent place of business.
(iv) Names and contact information of two co-workers from past jobs.
(v) A complete resume and cover letter describing current job duties in detail.
(vi) Personal bank records for the last six months.
(vii) US company information such as, photographs of the inside and outside of the company's offices, prospectus, brochures and annual report etc.

Filing of Petitions

The petition must be made using I-129 form by the company in US at the jurisdiction where the Indian candidate will be working in US along with the following:

(1) Documentary proof showing that the petitioning company is qualified to seek admission of the Indian candidate under L category.

(2) Documentary proof showing that the Indian candidate will be appointed as an executive, managerial position or specialized knowledge capacity, along with a detailed description of the job to be undertaken by the Indian candidate.
(3) Documentary proof showing that the Indian candidate has got at least one year of full-time work experience in the Indian counterpart of the petitioning US Company, within 3 years prior to the petition date.

(4) Documentary proof showing that the Indian candidate's one year employment in the Indian counterpart of the petitioning US company was in a position that was managerial, executive, or involving specialized
knowledge work.

(5) Documentary proof showing that the Indian candidate is qualified to undertake this work by his/her educational qualifications, training experience, and previous employment; in any case, the work assigned to the Indian candidate in US company need not have to be the cadre at which the candidate was working in India.

Incase the petitioning US Company will be appointing the Indian candidate at its newly opened or to be opened branch office at US, the petitioning company must submit:

(1) Documentary evidence showing that adequate space for functioning of business has been secured

(2) The company is or will be a qualifying organization and

(3) The company has the adequate financial ability to remunerate the Indian candidate and to start business in US.
Incase the Indian candidate is the owner or major stockholder of the US company, the petitioner must submit documentary proof that the Indian candidate's services are to be used on a temporary basis and proof showing that the Indian candidate will be transferred to another assignment in India, upon the completion of the temporary assignment in US.