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