L-1B Intra-Company Transferee Specialty Knowledge
Non-immigrant Worker
L-1B visa is reserved to facilitate the transfer of professionals within a company. This category is referenced as intra-company transferees and is for those employees with specialized knowledge. These knowlegable emloyees will be transferring within a company that will be transferring from a foreign company to a U.S. branch, subsidiary, or affiliated company to impart of convey that specialized knowledge to its counterpart.
This concept is the same for U.S. company’s that would like to do the same abroad.
This “specialized knowledge” can entail company product knowledge, research, systems, proprietary techniques, managerial and/or procedural aspects of its organization and may maximum duration of L-1B status five years and individual must remain actively engaged with the same company or affiliate of origin.
Both entities need to be qualifying organizaitons, meaning they must have intra-company control.
Requirements and Eligibility
The employer must:
* Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations), and
* Be doing business (or will be) as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the employees stay in the United States as an L-1.
* While the business must be viable, there is no requirement that it be engaged in international trade.
The employee must:
* Be abroad for one continuous year within the three years immediately preceding his or her admission to the United States and have been working for a qualifying organization.
* Be providing specialized knowledgable skills to the branch of the same employer or one of its qualifying organizations and seeking to enter the United States to render services in this specific capacity.
Period of Stay
A maximum stay of five years will be allowed to qualified employees establishing a new company (or office) entering the Unites States.
A maximum stay of five years will be allowed to all otherqualified employees.
NOTE:
Working With Unaffiliated Companies – “Outsourcing”
Congress passed the L-1 Visa Reform Act of 2004, to address those outsourcing issues where the employee was being supervised by someone other than the petitioning employer.
This applies to petitions filed on or after June 6, 2005. The practice of “outsourcing” will no longer be allowed.
Application Process
1. Complete Form I-129S (and the L Supplement)
2. Supporting letter from the U.S. employer
3. Other evidence supporting the petition
After the employer receives approval from USCIS, the document (s) can be given to the employee to bring with to the U.S.
Consulate when applying for the L visa.