the L-1B nonimmigrant visa is designed for employees of an international company who possess specialized knowledge and are being transferred to a U.S. office. This posting provides an overview of USCIS guidelines, regulations, and evidentiary requirements for documenting specialized knowledge, as well as key information on the L-1B visa requirements and process.
Eligibility Requirements
- Qualifying Relationship: The U.S. company must have a qualifying relationship with the foreign company for which the L-1B candidate currently works, such as a parent, branch, affiliate, or subsidiary.
- Employment History: The L-1B candidate must have been employed abroad by the petitioning employer or a qualifying organization in a managerial, executive, or specialized knowledge capacity for at least one continuous year within the three years preceding the application.
- Specialized Knowledge: The employee must possess specialized knowledge of the company’s products, services, research, equipment, techniques, management, or other interests. This knowledge should be distinct or uncommon compared to that generally found in the industry.
USCIS Guidelines and Regulations
- Definition of Specialized Knowledge: Specialized knowledge refers to knowledge of the petitioning employer’s product, service, research, equipment, techniques, management, or other interests and its applications in international markets that is demonstrably distinct or uncommon. Advanced knowledge refers to expertise in the organization’s specific processes and procedures that is not commonly found in the relevant industry.
Factors for Determining Specialized Knowledge
- Knowledge cannot be easily imparted to other individuals.
- Knowledge is of significant value to the petitioner’s U.S. operations.
- Knowledge has significantly enhanced the employer’s productivity, competitiveness, image, or financial position.
- Knowledge of a product or process cannot be easily transferred or taught to another individual without significant economic cost or inconvenience.
Process Overview
- Initial Consultation with immigration attorney to assess the eligibility of the employee and the company’s readiness to file L-1B petition.
- Qualified companies may file a “blanket petition” to allow the transfer of multiple qualified “special knowledge” employees to the U.S. under a single visa petition.
- Preparation of Petition: Gather necessary documentation, including employment contracts, organizational charts, and evidence of specialized knowledge.
- Filing with USCIS: Submit Form I-129 and supporting documents to the U.S. Citizenship and Immigration Services (USCIS).
- USCIS Adjudication: USCIS will review the petition and may issue a Request for Evidence (RFE) if additional information is needed.
- Consular Processing: If the petition is approved, employees must apply for an L-1B visa at a U.S. consulate in India.
Conclusion
The L-1B visa process requires careful preparation and documentation to demonstrate the specialized knowledge of the employees and the qualifying relationship between the U.S. and foreign entities. By following the outlined steps and ensuring compliance with USCIS requirements, companies can successfully navigate the L-1B visa process for their employees. Companies seeking to transfer existing workers may need help exploring different visa options. Learning more about the L visa program with the assistance of a skilled and experienced legal team can be beneficial for executives, managers and professionals with specialized business or industry knowledge.
