The L-1B Nonimmigrant Visa for “Specialized Knowledge” Employees
The L-1B visa allows companies to transfer key employees to the U.S. on the basis of their “specialized knowledge” of the company’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 processes and procedures." 8 CFR 214.2(l)(1)(ii)(D)). This visa is designed for highly skilled professionals whose expertise is uncommon in the industry and essential to the business.
Although the standard is demanding, it can be an excellent option for talented specialists who don’t fit into a managerial or executive role. We’ve successfully helped clients qualify workers under this category, and are initimately familiar with USCIS' standards for qualifying an employee as having "specialized knowledge."
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L-1B Visa Benefits:
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Allows up to 5 years in the U.S. (3-year initial period plus one 2-year extension); in some cases, an employee may Change Status to L-1A and gain up to two additional years.
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Spouses and minor children can obtain L-2 status, and spouses are eligible for employment authorization.
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Eligible for Premium Processing, making it a fast option for multinational transfers.
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Time spent physically outside the U.S. can be “recaptured,” effectively extending the total available period of stay.
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May provide a pathway to a Green Card through EB-1, although this route is more difficult than for L-1A employees; as it requires showing the individual previously qualified in a managerial capacity.
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Basic L-1B Visa Requirements:
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There must be a qualifying legal relationship between the foreign company and the U.S. company (parent, affiliate, branch, or subsidiary).
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The employee must qualify as having "Specialized Knowledge."
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The employee must have been employed full-time for at least one continuous year within the last three years by the qualifying foreign company.
**Disclaimer: This website provides general information only and does not constitute legal advice or create an attorney–client relationship. You should not rely on this information without consulting a qualified attorney. Prior results do not guarantee similar outcomes.**
