Nonimmigrant Intracompany Transferee Specialized Knowledge (L-1B)
Who Gets It?
L-1B visas are granted to individuals who want to work in the United States in an executive or managerial capacity and have been offered a position at the United States affiliate, subsidiary or parent company of their foreign place of employment to perform a specialized function based on the individual’s specialized knowledge.
What the USCIS Wants to See?
The USCIS requires documentation and a written explanation of the nature, scope, and activity of the foreign entity and the United States entity, of the qualifying relationship between the two entities and of the position offered that qualifies it as a specialized position. The following is a list of some of the requirements for approval.
What the USCIS Does Not Want to See?
- Submissions must establish the nature, scope, and activity of the foreign entity to show that it is doing business abroad. On the same token, the evidence should establish the need for the specialized position in the larger scheme of the business.
- Submissions must establish that the employee worked for at least one year in the past three years at the foreign entity in an executive or managerial position.
- Submissions must establish that the United States position requires an employee to possess special knowledge of the entities’ product, services, research, equipment, techniques, management, or other interests and their application in international markets, or an advanced level of level of knowledge or expertise in the organization’s processes and procedures.
The USCIS will call into question an L-1B petition based on a number of factors. These are the issues that have been raised in the past. Be aware that the USCIS can take issue with just about anything, so this list is nowhere near complete.
- Evidence that there does not exist a qualifying business relationship between the foreign entity and the United States entity.
- Evidence that the visa seeker is not qualified to perform the work of the position and/or has not met the employment time requirement.
- Evidence that the business in the United States cannot financially support the proffered position.
Remember that each case is unique. To find out whether you qualify for this visa, please contact us directly and set up an appointment.