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Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL 32606
Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com
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Practice Limited Exclusively to Immigration and
Nationality Law
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U.S.
IMMIGRATION LAW |
NON IMMIGRANT TEMPORARY VISA
EMPLOYMENT AUTHORIZED:
L-1B - Intra-Company
Transferee - Specialized Knowledge
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What
is an L-1B visa? |
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Criteria
for the L-1B visa. |
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For
how long is the L-1B valid? |
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Who
may accompany an L-1B visa holder? |
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How
may I obtain an L-1B visa? |
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L-Blanket
Petition. |
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What
is an L-1B visa?
The
L-1B visa is designed for employees of
multinational companies who possess
specialized knowledge of the
business’s products, services or
procedures, to enter the U.S. to work
temporarily in positions which require
such specialized knowledge, for branch
offices, affiliates, subsidiaries or
parent companies of the foreign
entities. |
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Criteria
for the L-1B visa.
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| 1. |
The
U.S. and foreign entities must
have a qualifying relationship,
either as a branch office,
subsidiary, affiliate or parent
company. |
| 2. |
The
foreign individual must have
been employed abroad
continuously by the foreign
entity in a capacity requiring
specialized knowledge of its
products, services or procedures
for one year within the three
years immediately preceding the
petition. |
| 3. |
Specialized
knowledge is defined as 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 an
advanced level of knowledge or
expertise in the organization's
processes and procedures. |
| 4. |
The
U.S. business and foreign
entities must be engaged in
regular, systematic and
continuous provision of goods
and/or services.
The U.S. entity is
considered a new business if it
has been doing business for less
than one year in the U.S. at the
time the L-1B petition is filed. |
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For
how long is the L-1
B valid?
The
L-1B visa is initially approved for
three years. However, for an entity
that has been doing business for less
than one year in the U.S., the L-1B
will initially be approved for only
one year. Extensions of the L-1B visa
are available in increments of two
years, up to a total of five years.
A foreign individual who has
been in L-1B status for a period of
five years may not be readmitted in
L-1B status until he or she has
resided outside the U.S. for one year. |
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Who
may accompany an L-1B visa holder?
The
spouse or unmarried minor children
(under 21 years of age) of the L-1B
visa holder may enter the United
States in L-2 status as dependents.
L-2 spouses may apply for
employment authorization to be
independently employed in the U.S. |
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How
may I obtain an L-1B visa?
The
L-1B petition is filed at a B.C.I.S.
Service Center that has jurisdiction
over the employer. If the employee is
in the United States and eligible to
change nonimmigrant status, the
B.C.I.S. will issue an approval notice
with a new I-94 form. If the employee is
unable to change status in the U.S. or
is not present in the U.S., he or she
must apply for an L-1B visa at a U.S.
consulate abroad. |
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L
Blanket Petition.
Large
U.S. entities may be eligible to file
blanket L-1 petitions which grant
continuing approval of L-1 visas for
itself and its foreign affiliates,
subsidiaries, and branch offices. The
following criteria must be met:
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| 1. |
The
petitioner and qualifying
foreign entities must be engaged
in commercial trade or services. |
| 2. |
The
petitioner must have an office
in the United States that has
been doing business for one year
or more |
| 3. |
The
petitioner must have three or
more domestic and foreign
branches, subsidiaries, or
affiliates. |
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The
petitioner and related
qualifying organizations must
meet one of the following: 1)
have obtained approval of ten
L-1 petitions during the
previous twelve months; 2) have
U.S. subsidiaries or affiliates
with combined annual sales of at
least $25 million; or 3) have a
U.S. work force of at least
1,000 employees. |
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request a consultation regarding an
L-1B visa, please contact our office here. |
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