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L-1B Visa for Intracompany Transferee with Specialized Knowledge
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.
This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.
“D’Alessio Law Group provided phenomenal client service while delivering successful results during the approval of both my O-1 Visa and Green Card (immigration from Canada to the United States of America).
Leslie, Lorraine, and Kelly are notable for their vast range of experience and reliable response times during the lengthy and often daunting immigration process.”
Joseph Procopio – Google Review
General Qualifications Of The Employer And Employee
To Qualify For L-1 Classification In This Category, The Employer Must
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 abroad.
Also To Qualify, The Named Employee Must
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States.
- Be seeking to enter the United States to render services in an executive or managerial capacity to a branch of the same employer or one of its qualifying organizations.
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 application in international markets, or expertise in the organization’s processes and procedures.
Such knowledge is beyond the ordinary and not commonplace within the industry or the petitioning organization. In other words, the employee must be more than simply skilled or familiar with the employer’s interests.
L-1 Visa Reform Act Of 2004
The L-1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an unaffiliated employer.
In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that:
- The employee will not be principally controlled or supervised by the
unaffiliated employer; and
- The work being provided by the employee is not considered to be labor for hire for the unaffiliated employer.
Family Of L-1 Workers
The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.
If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with fee, on Form I-539.
Spouses of L-1 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the L-2 spouse may work.
Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition. In order to establish eligibility for blanket L certification:
- The employee and each of the qualifying organizations must be engaged in commercial trade or services. They must also have:
- An office in the United States which has been doing business for one year or more.
- Three or more domestic and foreign branches, subsidiaries, and affiliates.
- Meet one of the following criteria
- Along with the other qualifying organizations, have obtained at least 10 L-1 approvals during the previous 12-month period; or
- 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.
The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.
In most cases, once the blanket petition has been approved, the employer need only complete Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send it abroad to the employee along with a copy of the blanket petition approval notice and other required evidence, so that the employee may present it to a consular officer.
“I’ve been working on my visa and renewing 3 times already and this is the first time I had no problems. I could call to my Lowyer immediately, I could send an email even on weekends and they answered, everything was fast and super professional!!! I couldn’t recommend any firm more than them. The team is just beyond!
Btw got my visa after 2 weeks that they send my paperwork!”