L-1B

The L-1B visa is another type of non-immigrant visa, intended for employees who have extensive knowledge of the company’s products, services, and operations. It allows employers to transfer employees with specialized knowledge from a foreign branch, subsidiary, affiliate, or parent company to a related U.S. entity.

• Employer-Employee Relationship: The U.S. employer must have a qualifying relationship with the foreign entity, such as a parent company, subsidiary, or affiliate. The employer must also have the ability to hire, supervise, and control the work of the L-1B visa holder.
• U.S. employer Requirement: the employer must be, or will be, doing business 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 beneficiary’s stay in the United States as an L-1B.
• Specialized Knowledge: The employee being transferred must possess specialized knowledge that is not readily available in the U.S. labor market. This knowledge can be related to the company's products, services, techniques, or processes. The employee should demonstrate a high level of expertise and advanced knowledge in their field.
• One Year of Employment: The employee must have been employed by the foreign entity for at least one continuous year within the past three years preceding the L-1B visa application. This requirement ensures that the employee has gained the necessary knowledge and experience to contribute to the U.S. operations.

To qualify for the L-1B visa, applicants must demonstrate that their expertise is not easily accessible within the United States. This requires showcasing specialized knowledge in the following areas:

• Employer-Employee Relationship: The U.S. employer must have a qualifying relationship with the foreign entity, such as a parent company, subsidiary, or affiliate. The employer must also have the ability to hire, supervise, and control the work of the L-1B visa holder.
• U.S. employer Requirement: the employer must be, or will be, doing business 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 beneficiary’s stay in the United States as an L-1B.
• Specialized Knowledge: The employee being transferred must possess specialized knowledge that is not readily available in the U.S. labor market. This knowledge can be related to the company's products, services, techniques, or processes. The employee should demonstrate a high level of expertise and advanced knowledge in their field.
• One Year of Employment: The employee must have been employed by the foreign entity for at least one continuous year within the past three years preceding the L-1B visa application. This requirement ensures that the employee has gained the necessary knowledge and experience to contribute to the U.S. operations.

Similar to the L-1A visa, the L-1B visa allows for dual intent, meaning that the visa holder can pursue permanent residency (green card) while on L-1B status if desired. This provides flexibility for individuals who wish to establish a long-term presence in the United States.

The spouse of an L-1B visa holder is eligible to obtain work authorization in the United States, allowing them to seek employment during their stay. This provides additional opportunities for families relocating to the U.S. The L-2 visa is a nonimmigrant visa specifically designed for spouses and minor children of individuals holding L-1 visas.

The L-1B visa is initially granted for a three-year period, with the option for extension up to a maximum of five years.

1. Initiating the Process: Start by filing Form I-129, the Petition for Non-immigrant Worker, on behalf of the employee. Submit the petition at least 45 days before, but no more than 6 months prior to the employee's planned entry into the US.
2. Required Documentation:
- Include evidence of the employee's one-year tenure in an executive or managerial role at one of the company's foreign offices.
- Provide proof that, upon arrival in the US, the employee will assume an executive or managerial position.
- Present a comprehensive description of the employee's anticipated duties and qualifications.
- Demonstrate the employer's ability to meet the foreign employee's wage requirements.
3. Acceptance of Form I-129: Upon approval, proceed by electronically submitting Form DS-160.
Retain the confirmation receipt generated after completing Form DS-160, as it will be necessary for the visa interview.
4. Visa Interview: Attend a scheduled visa interview at a US Embassy or Consulate in the employee's home country. Expect to receive the visa decision immediately after the interview.