The L-1B visa helps U.S. employers send their expert employees from other countries to a U.S. office. However, you cannot simply jump into this process. You must first satisfy specific requirements regarding your employment history abroad.
To qualify for the L-1B visa, you must:
Work for a U.S. employer in another country.- Possess specialized knowledge.
- Have worked for the same company for a full, continuous year within the past three years.
These federal requirements establish that you have genuine, specialized knowledge of the organization’s operations and services.
What Is Continuous Employment?
Continuous employment means no extended gaps, breaks, or leave. Your year of continuous employment cannot include interruptions or long vacations. Short vacations or brief business trips will not break continuity, but before submitting a petition on your behalf, your employer must carefully document your employment history.
Pay stubs, employment contracts, tax documents, and other evidence help establish that you worked continuously for the required period. Immigration officials will review these documents to verify your qualifying foreign employment.
What the Three-Year Window Means
Your one year of uninterrupted foreign employment must occur within three years before you are admitted to the United States. However, you do not need to be working abroad at the exact moment your employer files the petition or when you apply for admission.
The three-year window offers flexibility. For example, suppose you worked for your employer’s foreign office for 18 months. You then moved to the United States on a different visa for six months. Your employer can still file an L-1B petition because your one year of continuous foreign employment occurred within the three years.
What Counts as Specialized Knowledge?
Two types of knowledge fit the definition of an expert:
- Special knowledge of the company’s specific product, service, research, equipment, techniques, or management.
- An advanced level of knowledge in the company’s processes and procedures.
Your employer must demonstrate that your foreign employment allowed you to acquire this specialized knowledge. Simply working for the organization is not enough. The position you held abroad should relate to the role in the United States.
What Companies Can Petition for an L-1B Visa?
Only certain companies can file petitions for this specific visa. Qualifying organizations will have these two characteristics:
Must have a qualifying relationship with the foreign company (parent company, branch, subsidiary, or affiliate).- Must be doing business in the United States and at least one other country for the duration of the employee’s stay in the country.
The company must also regularly engage in providing goods and services. Having an agent or office present is not enough to qualify. However, your company does not have to be involved in international trade.
What Never Changes About the L-1B Visa
Immigration law recognizes that some situations may affect your ability to meet the one-year abroad requirement in straightforward ways. However, the basic requirement remains the same. You need one continuous year of foreign employment within the three years preceding the petition filing.
Your employer must demonstrate that you meet this requirement. They will provide evidence when filing Form I-129, Petition for a Nonimmigrant Worker. Insufficient proof that you meet the requirements will result in the denial of the petition.
What Documents Will You Need?
If you have not yet completed one continuous year of foreign employment, your employer should wait before filing the L-1B petition. Filing too early will result in denial and wasted time and resources.
You will need to make sure your employer has these detailed records:
- Copies of contracts
- Pay stubs
- Tax filings
- Description of proposed job position
- Current job duties and qualifications
- Proof of managerial, executive, or specialized knowledge capacity
There may be more records that pertain to your specific situation that you might have to provide. If you are being sent to start a new office in the United States, you will also have to submit evidence that your company has already rented or purchased a location.
How This Affects Your Family Members
The one-year abroad requirement applies only to you as the primary L-1B applicant. Your spouse and any unmarried children below the age of 21 may accompany you or follow you to the U.S. in the L-2 status. They do not need to meet any foreign employment requirements. Their eligibility depends on your qualification for and maintenance of a valid L-1B status.
How Pride Immigration Can Help with Your L1-B Visa
Meeting the one-year abroad requirement represents just one aspect of L-1B eligibility. Each case has distinctive facts and circumstances that require careful analysis. Your situation may need additional action.
Pride Immigration has extensive experience helping businesses and employees manage the complexities of L-1B petitions. Our team knows how to document your qualifying foreign employment and present your case effectively to immigration authorities. Contact us today at (703) 594-4040 or online to discuss your L-1B transfer and ensure you meet all requirements for a successful petition.
Beeraj Patel, Esq.
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