L-1B Intracompany Transferee Specialized Knowledge

 The L-1B nonimmigrant category allows a U.S. employer to relocate a skilled employee possessing specialized knowledge pertinent to the organization's concerns from one of its associated foreign offices to a U.S. office. Additionally, this classification permits a foreign company without an existing U.S. office to dispatch a specialized knowledge employee to aid in its establishment. 

Employer and Employee Eligibility Requirements

To meet the criteria for L-1 classification under this category, the employer must:

• Maintain a qualifying relationship with a foreign company (which includes the parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
• Currently operate, or intend to operate, as an employer in the United States and at least one other country directly or through a qualifying organization throughout the beneficiary’s stay in the United States under the L-1 status. While the business must be viable, there is no mandate for it to engage in international trade. "Doing business" entails the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

The named employee must also fulfill the following requirements to qualify:

• Generally have worked for a qualifying organization abroad for one continuous year within the three years immediately before their admission to the United States; and
• Intend to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge refers to either special knowledge possessed by an individual of the petitioning organization’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.

 Establishing New Offices

For foreign employers intending to dispatch an employee possessing specialized knowledge to the United States for employment in a newly established office, the employer must demonstrate:

• Acquisition of adequate physical space to accommodate the new office; and 
• Financial capability to remunerate the employee and initiate business operations in the United States.

Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.

Dependents of L-1 Workers

The relocating employee may bring along or be followed by their spouse and unmarried children under 21 years of age. Spouses and children can apply for admission under the L-2 nonimmigrant status and, upon approval, typically receive the same duration of stay as the employee.

This is for information purpose only. If you feel you qualify under this section, please contact us and we will be more than happy to discuss your case.