Uber and Lyft Account Sharing
In an age of shared economies and digital convenience, it might seem harmless to lend
L-1B Visa
The L-1B visa allows a U.S. employer to temporarily transfer an employee with specialized knowledge relating to the organization’s interests from an affiliated foreign office to a U.S. office
What Is L-1B Visa?
The L-1B visa is a nonimmigrant classification specifically designed to allow a U.S. employer to temporarily transfer a professional employee who possesses specialized knowledge related to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.
Employer and Employee Requirements for L-1B Visa
Both the U.S. employer and the employee must meet specific criteria.
Employeer Eligibility
- Qualifying Relationship: Have a qualifying relationship (parent, branch, subsidiary, affiliate) with the foreign entity. Certain structures like sole proprietorships may not qualify unless self-incorporated.
- Doing Business Requirement: Be actively "doing business" (regular, systematic, continuous provision of goods/services) in the U.S. and at least one other country throughout the employee's stay.
- New Office:For "new offices," secure physical premises and show financial ability to start operations and pay the employee. New office transfers initially get a maximum one-year stay.
Employee Eligibility
-
One-Year Prior Foreign Employment: Have worked full-time for a qualifying foreign organization for one continuous year within the three years before admission or petition filing.
- Intent to Provide Specialized Knowledge Services: The employee must be seeking entry to the United States specifically to provide services in a specialized knowledge capacity for a branch of the same employer or one of its qualifying organizations. The proposed role in the U.S. must necessitate the application of this specialized knowledge
What Does "Specialized Knowledge" Mean?
Specialized knowledge is key to the L-1B visa and is defined as either :
- Special Knowledge: Knowledge of the petitioner's product, service, research, equipment, techniques, management, or other interests and its application internationally, distinct from general industry knowledge.
- Advanced Knowledge: An advanced understanding of the petitioner's specific processes and procedures, uncommon within the company or industry.
This knowledge must be beyond general skills common to the industry and specific to the petitioning organization. It does not need to be proprietary or narrowly held within the company.
L-1B Visa Validity: Duration and Limits
-
Initial Stay: Maximum one year for new offices, typically three years for established offices.
-
Extensions: Possible in increments of up to two years.
-
Maximum Stay: Total stay limited to five years.
-
After Max Stay: Must reside outside the U.S. for one continuous year before becoming eligible for a new L-1 or H petition.
L-1B Visa to Green Card
The L-1B visa is temporary and does not automatically lead to a Green Card. L-1B holders usually pursue permanent residency through employer sponsorship via:
-
EB-1C (Multinational Manager/Executive): Typically requires prior transition to L-1A status. Does not require PERM labor certification.
- EB-2 (Advanced Degree/Exceptional Ability) or EB-3 (Skilled/Professional Workers): Usually requires employer sponsorship through the PERM labor certification process, which tests the U.S. labor market.
L-1B Visa vs. L-1A Visa
- Role: L-1A is for Managers/Executives; L-1B is for Specialized Knowledge.
-
Maximum Stay: L-1A allows up to 7 years
-
Green Card: L-1A often leads to EB-1C (no PERM required)
L-1B Visa Application Process
Step 1: File Form I-129
The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS, including fees.
Step 2: Submit Documentation
Provide evidence of the qualifying relationship, doing business requirement, employee’s prior foreign employment, and a detailed description of the specialized knowledge and U.S. duties. New offices need proof of premises and financial ability.
Step 3: USCIS Review
USCIS adjudicates the petition, potentially issuing a Request for Evidence (RFE). Approval results in Form I-797.
- Consular Processing: If abroad, the employee typically applies for an L-1B visa stamp at a U.S. consulate/embassy (DS-160, fee, interview).
- Change of Status: Employees already lawfully in the U.S. can request a change to L-1A status via the Form I-129.
Step 4: Admission & Form I-94
Upon admission, the employee receives Form I-94, confirming L-1B status and authorized stay.
Questions? You’re covered.
Initially granted for up to three years (one year for new offices), with extensions possible up to a maximum total stay of five years.
Not directly. The L-1B visa is temporary. Holders can pursue a green card through separate immigrant visa processes, commonly EB-2 or EB-3 (often requiring PERM labor certification), or potentially EB-1C if they transition to a managerial/executive role (L-1A).
Yes, spouses of L-1B holders in L-2S status are authorized to work incident to their status. They do not need a separate EAD to begin working, though they can apply for one.
The employee reaches the maximum allowable stay in L-1B status. They must depart the U.S. and generally need to reside and be physically present outside the U.S. for one continuous year before becoming eligible for a new L-1 or H petition. Alternatively, if eligible, they might have already transitioned to L-1A status (max 7 years) or obtained permanent residency through a green card process before reaching the 5-year limit.
News and blog
Navigating the Startup Maze: A Guide to Legal Structures, IP Protection, and Founder Agreements
The journey of a startup is thrilling, filled with groundbreaking ideas and the promise of
Pathways to Permanence: Green Cards for Academics, Researchers, and Students
Green Cards for academics and students are EB-1 and EB-2. Green Card allows you to live