L-1B Visa: Intracompany Special Knowledge Employee Your Gateway to Business Expansion in the U.S.
What is the L-1B Visa?
The L-1B visa is a non-immigrant visa that allows multinational companies to transfer employees with specialized knowledge from their foreign offices to their U.S. offices. This visa is specifically designed for employees who possess advanced knowledge of the company’s products, services, or processes that are not readily available in the U.S. labor market.
Key Benefits of the L-1B Visa
- Work Authorization: Holders can live and work in the U.S. for the petitioning employer.
- Duration of Stay: The L-1B visa allows for an initial stay of up to three years, with the possibility of extending it for a maximum of five years.
- Family Benefits: Spouses and children of L-1B visa holders can accompany them to the U.S. and may apply for work authorization.
- Pathway to Permanent Residency: The L-1B visa can serve as a stepping stone to applying for a green card through employment-based categories.
Distinction Between L-1A and L-1B Visa Categories
Understanding the differences between the L-1A and L-1B visa categories is crucial for determining which type is suitable for the transferee:
L-1A Visa: Managers and Executives
The L-1A visa is designed for managers and executives who will be transferred to a U.S. office to perform duties at a managerial or executive level. Key points include:
- Managerial Capacity: Refers to employees who manage the organization or a department, supervise and control the work of other supervisory, professional, or managerial employees, and have the authority to hire and fire.
- Executive Capacity: Refers to employees who direct the management of the organization or a major component, establish goals and policies, exercise wide latitude in decision-making, and receive only general supervision from higher-level executives.
Visit our dedicated Page for L-1A Visa
L-1B Visa: Specialized Knowledge
The L-1B visa is for employees with specialized knowledge essential to the employer’s interests. This can include:
- Specialized Knowledge: Refers to employees who possess unique knowledge about the company’s products, services, research, equipment, techniques, management, or other interests.
- Proprietary Knowledge: Includes knowledge that is not widely known in the industry and is essential to the company’s competitiveness.
Eligibility Criteria
To be classified as an L-1B employer, the employer must:
- Have a qualifying relationship with the foreign company (parent, branch, subsidiary, etc.); and
- Currently be doing or will be doing business in the United States and at least one other country via the qualifying organization for the duration of the beneficiary’s stay in the U.S. as an L-1B holder.
To be classified as an L-1B specialized knowledge employee, the employee must:
- Have been working abroad for the qualifying organization for at least one continuous year within the three years immediately preceding admission to the United States; and
- Seek to enter the U.S. to provide services in a specialized knowledge capacity for the employer abroad or a qualifying affiliated organization
- Specialized knowledge includes special knowledge of the organization’s product, service, research, equipment, techniques, management, or an advanced level of knowledge about the organization’s processes and procedures
To be classified as an L-1B specialized knowledge employee establishing a new office:
- Employer has secured sufficient physical premises to house the new offices; and
- Employer has financial ability to compensate the employee and begin doing business in the United States
Length of Stay
The maximum initial stay on an L-1B visa is three years, except for those establishing a new office, who are granted one year. Extensions may be requested but cannot exceed a period up to seven years. In certain circumstances, individuals can extend their L-1B status beyond seven years by recapturing time spent abroad while on their L-1B visa.
Additional Details
Certain organizations may establish the required intracompany relationships in advance of filing individual L-1 petitions. This is known as a blanket petition. This petition provides the employer with the flexibility to transfer eligible employees on short notice without having to file individual petitions to USCIS, though L-1A classification is not guaranteed despite the approval of a blanket L Petition.
Eligibility for blanket L certification may be established if:
- The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
- The petitioner has an office in the United States which has been doing business for one year or more;
- The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
- The petitioner along with the other qualifying organizations meet one of the following criteria:
- Have obtained at least 10 L-1 approvals during the previous 12-month period;
- Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
- Have a U.S. work force of at least 1,000 employees.
Canadians with approved blanket petitions seeking to enter the United States as L-1B employees of qualifying organizations may be eligible to apply for admission in L-1B status at certain Ports of Entry under NAFTA.
What We Do
- Prepare thorough L-1B Petition with evidence required
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide guidance in maintaining the L-1B status
- Provide assistance to L-1B holders within the United States that wish to extend their visa, apply for a Change of Status or Adjustment of Status
Are you an employee with specialized knowledge looking to transfer to a U.S. office of your company? Our firm is here to help you determine your eligibility for the L-1A visa and guide you through the application process!
Why Choose Us
- Expert Evaluation: Our experienced immigration attorneys will assess your qualifications and the specifics of your employment to ensure you meet the requirements for the L-1B visa, which is essential for intra-company transfers.
- Comprehensive Support: We provide step-by-step assistance with the entire application process, including filing the necessary petitions and preparing for any required interviews.
- Personalized Guidance: We understand that every case is unique. Our tailored approach ensures that your specific needs are addressed, maximizing your chances of a successful application.
Unlock the potential of the U.S. market with an L-1B visa. Contact us today to schedule a consultation and take the first step toward expanding your business operations in the United States.
Preparing an L-1B Visa Application: A Step-by-Step Guide
Step 1 | Ensure Eligibility Confirm that the employee and the employer meet the basic eligibility criteria for the L-1B visa:
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Step 2 | Gather Necessary Documentation Collect the following documents:
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Step 3 | Complete Form I-129: The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, along with the L Supplement and all supporting documentation with USCIS. |
Step 4 | Pay the Filing Fee: Pay the required filing fee for Form I-129 and keep the receipt for your records. |
Step 5 | Schedule and Prepare for the Visa Interview Once the petition is approved, the employee must apply for the L-1 visa at a U.S. embassy or consulate in their home country. Schedule an interview and prepare the following documents:
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Step 6 | Attend the Visa Interview: Attend the visa interview with all supporting documentation. Be prepared to discuss your role, qualifications, and the nature of your job in the U.S. |
Step 7 | Await Visa Approval: After the interview, your application will be processed. If approved, your passport will be stamped with the L-1B visa. |
Frequently Asked Questions
L1B
- What is considered "specialized knowledge"?
“Specialized knowledge” refers to knowledge that is unique to the company and not readily available in the U.S. labor market. This includes advanced understanding of the company’s products, services, processes, or proprietary techniques that are critical to the company’s operations. Knowledge that is widely held or related to common practices will not qualify as specialized
- Can I change employers on an L-1B Visa?
L-1B visa holders can only work for the specific employer and in the capacity described in their visa application. Changing employers may require a new L-1B visa application.
- How long can I stay in the U.S. on an L-1B Visa?
L-1B visa holders are typically granted a stay of up to three years. Extensions of stay may be granted in increments of up to two years each, with a maximum limit of seven years for executives and managers.
- Can my family accompany me on an L-1B Visa?
Yes, your spouse and unmarried children under 21 years old can accompany you on L-2 dependent visas. They may apply for L-2 dependent visas and, if approved, can live in the U.S. while you are on L-1B status.
- Can my spouse work in the U.S. on an L-2 Visa?
Yes, your spouse may apply for employment authorization by filing Form I-765, “Application for Employment Authorization.” If approved, they can work in the U.S.
- Can I travel outside the U.S. while on an L-1B Visa?
Yes, you can travel outside the U.S. and return as long as your L-1B Visa remains valid and you continue to meet the requirements of the L-1B status.
- Can I change my status from an L-1B Visa to another visa type?
Yes, you may apply to change your status from an L-1B Visa to another visa type if you meet the eligibility requirements for the new visa category. You will need to file a change of status application with USCIS.
- What happens if my L-1B status expires while I am in the U.S.?
If your L-1B status expires while you are in the U.S., you must either apply for an extension of stay, change to another nonimmigrant status, or depart the U.S. Staying beyond your authorized period of stay can result in being out of status, which may affect future immigration benefits.
For more detailed information, please visit the USCIS L-1B Intracompany Transferee Specialized Knowledge.
