ABCs of Immigration: L-1B Adjudications

Through this type of visa, companies can choose to relocate employees in the US with the purpose of setting up a new branch in the country, for instance. The same could be done for establishing a new organization or affiliate. Basically, specialized l1b visa requirements implies possessing specific knowledge regarding an organization’s product, research, service, equipment, management, technique or other similar aspects, as well as the way in which these apply in international markets. It may also refer to possessing specialized knowledge or expertise when it comes to the procedures or processes of an organization. However, USCIS’s definition of specialized knowledge is not exactly clear, leaving room for subjective interpretations that could derail your business immigration efforts. Contact business immigration attorneys at FordMurray today and let us work to effectively fulfill all of your company’s L-1 visa needs.
3) extend your stay for up to seven years if you are a manager or executive (in L-1A status), or five years if you are a specialized knowledge employee (in L-1B status). An L-1 visa allows its holder to work legally in the U.S. for the L-1 sponsor for up to three years on the first visa. Extensions of up to two years at a time are available, with a maximum time in the U.S. of seven years for a manager or executive, or five years for a person with specialized knowledge.
The L-1A Visa is available for the transfer of executives or managers of the company. If necessary, our ACS LAW professionals and attorneies will cooperate with your employer to complete all paperwork properly, assist you at all stages of receiving a Green Card, and help you with setting up a company and relocating a business. If your application involves a new office, your business abroad, and the US business you want to establish are related. This is a large advantage over the H-1B, though there are some other visas that do not necessarily require an education.
Only executives and managers (L-1A) or employees with unique knowledge of the employer’s products or operations (L-1B) can qualify. In this way, the L-1 program cannot be used to circumvent U.S. U.S. immigration authorities specifically cracked down on L-1B visas in recent years, especially in relation to employers who subcontract L-1B workers to other companies in the United States. U.S. immigration policy can be very protective concerning even the temporary admission of foreign workers.
USCIS should not deny the L1B petition just because there are other employees within the company that have the same or similar specialized knowledge. If there are multiple employees with the specialized knowledge within the company, the US employer must be ready to show why they still need to transfer the foreign national to the US. The employer must be able to distinguish the foreign national’s knowledge and skills from that of others. The Blanket L petition and approval do not list or consider any individual employee. CIS for approval of an individual employee as qualifying for L-1A or L-1B status, or sending the employee directly to the U.S.
There is a usual requirement of possessing educational qualification up to B.A. Level which may helps the USCIS decide if the applicant is eligible. Documents for a USA – L-1 Visa include submission of a recently clicked photo along with a copy of the applicant’s US passport. Additionally, he or she may be required to submit documents in the form of evidence for the information mentioned in the application of the USA – L-1 Visa. An applicant who holds a position in a managerial or executive role can get a USA – L-1 Visa.
In order to qualify as an employee with specialized knowledge, you must have knowledge of the company’s product, research, techniques, service, or equipment that makes you indispensable to the company’s functions in the U.S. This must extend further than simply having experience in the field. You must have been working for the company for at least one consistent year in the three years prior to petitioning. Employee is seeking to enter the U.S. to perform services in specialized knowledge for a branch of the same organization or employer. As an L-1B visa holder, you will now be able to legally live, work, and travel in the United States.
Managerial capacity refers to the ability of the employee to supervise, and direct the duties of other employees, and to generally manage the organization, or department, subdivision, or other component of the organization. Recipients must have worked at a related entity abroad for at least twelve continuous months out of the last three years prior to the application. Large multinational companies may apply for a Blanket L approval, which essentially pre-approves the qualifying relationships between the related companies.
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