Selected Topics in Immigration Law

L-1B Intra-company Transferee - Specialized Knowledge

What is an L-1B Visa?
Criteria for Obtaining the L-1B visa?
For how long is the L-1B visa valid?
How may I obtain an L-1B visa holder?
Who may accompany an L-1B visa holder?
L-Blanket Petition.

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. 
Criteria for the L-1B visa.
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.

For how long is the L-1B 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.

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.

How may I obtain an L-1B visa?

The L-1B petition is filed at a USCIS Service Center that has jurisdiction over the employer. If the employee is in the United States and eligible to change nonimmigrant status, the USCIS 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.

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:
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.
4. 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.
To request a consultation regarding an L-1B visa, please contact our office here.