The L-1B visa allows American companies to transfer workers with specialized knowledge from their international locations to U.S. offices. Understanding what qualifies as specialized knowledge can be confusing. Many people wonder if their skills meet the strict requirements set by U.S. immigration authorities.
Comprehending the Basic Requirements for the L-1B Visa
Your employer must meet certain conditions before they can transfer you to the United States on an L-1B visa. The company must have an eligible relationship with a foreign firm, meaning the U.S. and foreign companies must be connected as a parent company, affiliate, subsidiary, or branch.
Your U.S. employer must be actively running business operations in both the U.S. and at least one other foreign country. “Active operations” means the company consistently provides goods or services on an ongoing basis. Simply having an office or agent in the United States and abroad does not constitute doing business.
You must have worked abroad for the qualifying company for at least one uninterrupted year during the three-year period before entering the United States. This one-year requirement makes sure you have sufficient experience with the company. Your goal in entering the United States must also be to employ your specialized knowledge in the service of the same company, either to a branch or another of its eligible organizations.
Defining Specialized Knowledge
Specialized knowledge is the pivotal factor that separates the L-1B visa from other work visa categories. According to U.S. immigration regulations, specialized knowledge refers to special knowledge you have of the company’s product, research, techniques, service, equipment, management, or other interests, and applying it in international markets. It can also mean possessing advanced expertise in how the company operates and its internal systems.
The definition is intentionally broad. Your specialized knowledge does not have to be completely unique to the company. However, it must go beyond ordinary knowledge that most employees in the industry would have. Immigration officers examine whether your knowledge is truly specialized to the organization and whether it would be difficult to transfer that knowledge to another employee.
Some examples of specialized knowledge include advanced expertise in proprietary software systems developed by the company, detailed knowledge of distinct manufacturing processes that the company uses, or expert comprehension of company-specific research and development projects. General knowledge of an industry or standard business practices typically does not qualify as specialized knowledge.
Additional Requirements Under the L-1 Visa Reform Act of 2004
If you will be working mainly at the office of an employer that is not the petitioning employer or its affiliate, subsidiary, or parent, you will have to fulfill additional requirements. The L-1 Visa Reform Act of 2004 introduced these additional conditions to prevent companies from using the L-1B visa to provide contract workers.
Your petitioning employer must prove that you will still be under their control and supervision and not the disconnected employer where you will be working. Additionally, the work you are doing cannot qualify as work for hire by the unaffiliated employer. These requirements make sure that you remain under the control of your sponsoring employer even if you physically work at another location.
Special Rules for New Office Situations
A foreign employer that wishes to send an employee with specialized knowledge to set up a new office in the U.S. must also meet additional requirements. For example, the employer must obtain sufficient office space for the new office and prove they have done so. Simply planning to find office space later is not enough.
The employer must also have sufficient funds to pay you and start doing business in the U.S., which they must also prove. Immigration authorities want to confirm that the new office is legitimate and has realistic prospects for success. An employee who enters the U.S. to set up a new office will be allowed to stay for one year at most initially, unlike L1-B visa employees, who can stay for three years.
How Long Can You Stay on an L-1B Visa?
Most qualified L-1B employees are initially allowed to stay for a maximum of three years, after which they can ask for their stay to be extended in blocks of a maximum of two years, but for no more than a total of five years.
Once you have stayed for five years, you must depart the U.S. or change your visa status. Some people transition to H-1B status or begin the green card process before reaching the five-year limit.
Benefits for Your Family Members
Your spouse and any unmarried children who are not yet 21 can come with you to the U.S. and may ask for admission as an L-2 nonimmigrant. If their petition is approved, they will generally be allowed to stay for as long as you will be staying.
Using this approach gives your spouse an important advantage, namely that if they have a valid L-2S non-immigrant status, they can work in the U.S. without having to file a separate application for it. Obtaining an Employment Authorization Document can make the employment verification process easier for employers.
The Blanket Petition Option for Larger Companies
Certain firms can fill out a blanket petition to preemptively establish the required company relationship. Your employer can use this option if they conduct commercial business, have operated a U.S. office for at least one year, and maintain three or more related offices, subsidiaries, or affiliates domestically or internationally.
The company must also qualify in one of these ways: it received 10 or more L-1 approvals in the last year, its U.S. operations have combined yearly sales of $25 million or more, or it employs at least 1,000 workers in the United States.
Getting a blanket petition approved will not automatically give you L-1B status. But it does let your employer move qualified workers to the U.S. more easily, without submitting separate paperwork for each transfer. If using the blanket petition route, you need to be both a professional and possess specialized knowledge.
How Pride Immigration Helps You Navigate L-1B Requirements
Figuring out if your knowledge qualifies as specialized can be difficult without professional guidance. Pride Immigration has extensive experience evaluating L-1B eligibility and preparing strong petitions that clearly demonstrate your specialized knowledge to immigration authorities.
Contact us today at (703) 594-4040 or online to discuss your specific situation and learn how we can help you qualify for the L-1B visa.
Beeraj Patel, Esq.
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