L-1B Intracompany Transferee with Specialized Knowledge

The employee’s specialized knowledge must be expertise about the organization’s interests for the transfer of a foreign office to an affiliated office in the United States. With an L-1B visa, you are able to establish a U.S. office from the originally affiliated office if one does not already exist. Your employer petitions for you, the employee, providing evidence of their credentials and your professionalism in the field of business needed to establish the U.S. branch of the company. Furthermore, the one continuous year of foreign employment must be qualifying; that is, the petitioner must demonstrate that the beneficiary worked abroad during that time period in a managerial, executive, or specialized knowledge capacity. Therefore, in such cases, officers should subtract the number of days the beneficiary spent in the United States from the time the qualifying foreign entity employed the beneficiary abroad.
Yes, a person in L-1B status may apply for permanent residency and still be eligible to renew the L-1B visa. For specialized knowledge employees with L-1B status, permanent residency generally requires labor certification. The employer would have to engage in an industry-standard recruitment effort, and demonstrate that there are no qualified U.S. employees for the position. Your employer who has a branch, subsidiary, affiliate, or parent company in the US, must give you an intracompany transfer offer in a managerial, executive, or specialized knowledge position.
If you want to start, buy, or expand a business in the U.S., the L-1 Visa may be ideal for your U.S. visa needs. Correctly classify the application and ensure requirements are met. Have applied for and received at least 10 L-1 visas in the last year. The H4 status allows beneficiaries to study and live in the US, but are only allowed to apply for an EAD under some circumstances.
Documents that demonstrate the ability of the transferee to conduct business in an executive position, such as a resume. Some criteria must meet both the employer and employee to qualify for an L1B visa; each category has its standards. The employee’s unique understanding must relate to the organization’s interests and desire to relocate a foreign office to an affiliated office in the United States. The L-1B visa allows you to bring certain dependents to the United States, although your dependents will need to go through their own visa application process. At the airport, border, or other port of entry, you will need to satisfy the U.S. government officer that you have a residence in your home country and do not intend to abandon it.
The H-1B visa is a nonimmigrant visa needed when a US-based company hires foreign workers with specialized knowledge to work in the United States in specialty occupations. If the employer indicates that a worker is indispensable because of the specialized skills that he or she possesses, this has to be effectively communicated to the USCIS in order to gain approval for L-1B status. The petitioning employer has to be able to distinguish the beneficiary’s skills and knowledge from all other industry workers with a similar amount of work experience. The USCIS studies L-1B petitions carefully and usually issues approvals when petitions show clear evidence outlining the beneficiary’s specific specialized knowledge. This classification enables U.S. employers to transfer a manager or executive from one of its foreign offices to an office in the United States.
If you have an L1A visa, you are allowed to work in the US for a maximum of 7 years, while with an L1B visa, you can stay up to 5 years. When your maximum time is up, you can explore other options, which can also lead to a permanent stay in the US. When your employer files the Form I-129, they also determine the length of the contract.
Holders of an L-1A visa will be granted three years of admission to the United States. They can then apply for an extension until they have lived in the country for up to seven years. l-1b visa suggests that your visa will be processed in the near future if it goes well. The government is looking to evaluate your intentions for visiting the United States to show that your claims are genuine and that you will be employed in the U.S. with a specified organization or branch. The employer must submit the I-129, Petition for a Nonimmigrant Worker and L Classification Supplement. You must send the form to the direct filing address linked with the company’s location, which is usually different from the mailing address.
In both cases, employers can request an extension of stay for up to two additional years – but the absolute maximum limit is seven years. Transferring employees to different branches of a company is typically a simple, straightforward process – but what if you want to bring an executive, manager or specialist to the United States from a branch that’s on foreign soil? You’ll need an L-1A or L-1B visa, which enables companies to transfer employees internally, either to work at U.S.-based locations or to start new locations in the United States. The company must also be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1B. The requirements for an L1B visa petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out what items should be included and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based nonimmigrant visa petitions.
An applicant in a managerial, executive, or specialized knowledge capacity may come to open or be employed in a new office on an individual L visa. Lastly, certain multinational companies may qualify for an L-1 “Blanket”. Qualifying multinationals that obtain an L-1 Blanket are not required to obtain USCIS approval as a prerequisite to L-1 visa sponsorship.