Eligibility:

To qualify for an L-1B visa, applicants must meet certain criteria:

1. Qualifying Relationship: The applicant must be employed by a multinational company that has a qualifying relationship with a U.S. entity, such as a parent company, subsidiary, branch, or affiliate. The U.S. entity must be actively conducting business and have a legitimate need for an employee with specialized knowledge.

2. Specialized Knowledge: The applicant must possess specialized knowledge essential to the company’s operations, products, services, research, equipment, techniques, management, or other interests. This knowledge must be unique and not readily available in the U.S. labor market.

3. Work Experience: The applicant must have at least one year of continuous employment with the overseas company within the three years preceding the visa application. This employment must have involved the use of specialized knowledge relevant to the proposed U.S. employment.

4. Intent to Transfer: The applicant must intend to enter the United States solely for the purpose of utilizing their specialized knowledge for the benefit of the U.S. entity.

Requirements and/or Materials:

The USCIS requires various documents and evidence to process the L-1B visa petition. These may include:

• Proof of the qualifying relationship between the foreign employer and the U.S. entity, such as organizational charts, ownership documents, or financial statements.
• Detailed job description outlining the specialized knowledge required and the specific duties to be performed in the United States.
• Evidence of the applicant’s qualifications and work experience, such as resumes, employment contracts, or letters of recommendation.
• Documentation demonstrating the applicant’s specialized knowledge and its relevance to the company’s operations.
• Business plans, project descriptions, or other evidence of the U.S. entity’s need for the applicant’s specialized knowledge.

Validity / Extensions:

The initial validity of an L-1B visa is typically up to three years. Extensions of stay may be granted in increments of up to two years, with a maximum total stay of five years for L-1B visa holders.

Family Members:

Dependents, including spouses and unmarried children under 21, of L-1B visa holders may accompany them to the United States on L-2 visas. L-2 visa holders are eligible to study in the U.S. and may also apply for work authorization to be employed in the country.

Jurisdiction:

The L-1B visa application is processed through USCIS, typically through the employer’s petition on behalf of the employee with specialized knowledge. Our firm can assist with preparing and filing the L-1B petition, ensuring compliance with all requirements and regulations.

As each case is unique, it’s important to consult our firm to determine eligibility and receive personalized assistance with the L-1B visa application process.