L-1B Visas

L-1B Visas

BACKGROUND

An L-1B is a non-immigrant status and visa typically valid for three years with a two-year extension, for a maximum stay of 5 years. The L-1B nonimmigrant classification enables a U.S. employer to transfer a specialized knowledge employee from one of its affiliated foreign offices to one of its offices in the United States. An L-1B is a non-immigrant status and visa typically valid for three years with a two-year extension, for a maximum stay of 5 years. The L-1B nonimmigrant classification enables a U.S. employer to transfer a specialized knowledge employee from one of its affiliated foreign offices to one of its offices in the United States.


COMMON QUESTIONS AND ANSWERS

Who is eligible for an L-1B visa?

What does Specialized Knowledge mean?

Are there any special requirements for the company or can any company qualify?

Can any level of employee qualify for an L-1B visa?

Can this type of visa be used if the foreign corporation is trying to establish a new office in the United States?

Are there any other caveats regarding employees coming to the United States to establish a new office?

Can a spouse or children accompany an L-1B worker to the United States?

Can an L-2 spouse seek employment in the United States?

What is a “blanket petition” by a company and does that automatically qualify the company to transfer L-1B employees?

What if I have more questions on L-1B visas?

Who is eligible for an L-1B visa?

L-1B visas are available to employees of an international company with offices in both 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 possess “specialized knowledge” and the Employee has been working with the overseas organization for one continuous year within the last three years.

What does Specialized Knowledge mean?

Specialized knowledge is defined as special knowledge possessed by an individual of the 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 policies and procedures.

Are there any special requirements for the company or can any company qualify?

A company will qualify to sponsor L-1 visas if the U.S. branch and foreign branch can be classified in at least one of four manners: parent and subsidiary; branch and headquarters; sister companies owned by a mutual parent; or ‘affiliates’ owned by the same or people in approximately the same percentages. The company must also already have employees in both the United States and one other country.

Can any level of employee qualify for an L-1B visa? 

Yes, there is no requirement that the employee is a manager or executive in the company abroad. The employee qualifies for an L-1B so long as they possess specialized knowledge.

Can this type of visa be used if the foreign corporation is trying to establish a new office in the United States? 

This type of visa is allowable for a new office in the United States but the threshold of criteria for the company increases to include that: 1) the employer has a physical premise to house the new office; 2) the sponsored employee possesses specialized knowledge and has been with the foreign company for at least 1 of the 3 prior years, and 3) the employer has the financial ability to compensate the employee and begin doing business in the United States.

Are there any other caveats regarding employees coming to the United States to establish a new office?

Qualified L-1B employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. All L-1B employees can request an extension of stay that will be granted for two years until the employee has reached a maximum of five years.

Can a spouse or children accompany an L-1 B worker to the United States? 

Yes, legal spouses and unmarried children under the age of 21 may apply for and be granted L-2 visa for the same time period as the L-1B employee.

Can an L-2 spouse seek employment in the United States? 

A legal spouse of an L-1B recipient may apply for authorization to work by filing a Form I-765, Application for Employment Authorization.

What is a “blanket petition” by a company and does that automatically qualify the company to transfer L-1B employees?

Certain larger companies with significant sales, employees (minimum 1,000), multiple branches and with a history of having obtained at least 10 L-1 approvals during the previous year can apply for a blanket petition. However, this does not guarantee that an employee will be granted L-1B classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.

What if I have more questions on L-1B visas?

Please feel free to contact us for a free initial consultation. We would be happy to answer any questions regarding L-1B that you may have.


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