Bring Your Knowledge To The U.S. With An L-1B Visa
Are you interested in bringing your specialized knowledge to the U.S. as an intracompany transferee? At Fok Immigration Law, we can help you expand your career aspirations by securing an L-1B visa. We have over 25 years of combined experience in immigration law, focusing on employment-based visas such as the L-1B. With law offices in San Jose and San Mateo, we serve clients throughout the Bay Area and Silicon Valley.
Make a free consultation to learn how we can help you with your L-1B visa.
L-1B Visas: For Employees With Specialized Knowledge
An L-1B is a nonimmigrant status visa that allows a U.S. employer to transfer a specialized‑knowledge employee from a related foreign affiliate to a U.S. office. It typically has an initial validity of three years, but if they are approved for a two-year extension, L-1B visa holders can work in the U.S. for a maximum stay of five years.
Specialized knowledge here can include:
- Distinctive, company‑specific knowledge about products, services, research, equipment, techniques, management and their global application
- An advanced grasp of the company’s internal policies and procedures
L-1B visas are available to employees of international companies with offices in the United States and abroad. This type of visa will allow the employee to relocate to the company’s U.S. office as long as the employee possesses specialized knowledge and has been working with the overseas organization for one continuous year within the last three years.
Why Our Attorneys Are The Right Choice
If you are searching for an L-1B visa lawyer in San Jose, you need look no further. Because they focus on immigration law, our attorneys are well-versed in the many steps involved in the L-1B visa process. They can also advise you on all issues related to employment-based immigration and family immigration. This includes everything from completing Form I-129 to giving interviews. Because they give you their full attention, they essentially serve as your “in-house” counsel. Their experience and knowledge make our firm the ideal partner for your L-1B visa application.
Addressing Your Questions About The L-1B Visa
Below, we answer some of the most common questions and concerns we receive from our clients:
Which companies and employees qualify for the L-1B visa?
A company is eligible to sponsor L‑1 visas if the U.S. and foreign entities have one of the following qualifying relationships: parent–subsidiary, branch–headquarters, sister companies under a mutual parent, or “affiliates” owned by the same person(s) in substantially similar percentages. The company must also already employ staff in both the U.S. and in at least one other country.
Any level of employee can qualify; they do not have to be a manager or executive, as they do for the L-1A visa. The employee qualifies for an L-1B so long as they possess specialized knowledge.
How can an L-1B bring your company to the U.S.?
This type of visa is allowable for a new office in the United States, but the threshold of criteria for the company increases. Firstly, the employer must demonstrate that it has a physical premise to house the new office. In addition, the sponsored employee must possess specialized knowledge and must have been with the foreign company for at least one of the three prior years. Lastly, the employer must demonstrate that it has the financial ability to compensate the employee and begin doing business in the United States.
Employees with an L-1B visa who are entering the U.S. to open a new office will receive a maximum initial stay of one year. In all other cases, qualified employees may be allowed a maximum initial stay of three years. Extensions may then be granted in two‑year increments upon request, up until the employee has reached a maximum of five years.
How can an L-1B benefit your spouse and children?
You might be wondering: Can a spouse or children accompany an L-1B worker to the United States? Yes, legal spouses and unmarried children under the age of 21 may apply for and be granted an L-2 visa during the same time period as the L-1B employee. L spouses are considered employment-authorized based on their valid L nonimmigrant status.
Helping You Understand Blanket L Petitions
A blanket L petition is a petition filed by an employer with the United States Citizenship and Immigration Services (USCIS). This petition is specifically for companies that frequently transfer L-1A and L-1B employees, who are intracompany transferees who work in managerial or executive roles or have specialized knowledge, respectively.
The main advantage of a Blanket L petition is that it allows a company to have pre-approval from USCIS to transfer a certain number of employees without having to file individual L-1 petitions for each employee. This can save the company a significant amount of time and paperwork.
However, it’s important to note that having a Blanket L petition does not automatically qualify a company to transfer L-1B employees. The employees themselves must also meet certain criteria. They must have been employed by the company outside the U.S. for at least one continuous year within the three years prior to their admission to the U.S. They must also be coming to the U.S. to provide services in a capacity that requires the application of specialized knowledge for a branch of the same employer or one of its qualifying organizations.
In addition, to qualify for blanket L certification, the company must meet the following requirements:
- The company and all qualifying related entities are actively engaged in commercial trade or the provision of services.
- The company has an office in the United States that has been doing business for one year or more.
- The company maintains at least three related entities (branches, subsidiaries or affiliates) both in the U.S. and abroad.
- The company must have met at least one of these benchmarks: gotten approvals for 10 or more “L” petitions (managers, executives, or specialized‑knowledge staff) within the past 12 months; have a combined annual U.S. subsidiary/affiliate sales of $25 million or more; or have a U.S. workforce of at least 1,000 employees.
The blanket L petition is an excellent option for streamlining the transfer of workers. Remember, though, it doesn’t automatically qualify every L-1B employee for transfer. Each employee must still meet the individual eligibility requirements.
Make A Free Consultation With An L-1B Visa Lawyer
If you are looking for an L-1B visa, contact our California immigration law attorneys at Fok Immigration Law. You can contact us online or call our San Jose office at 408-212-7014 or our San Mateo office at 650-546-7020