L-1B Visa: Intra-company Transferees, Specialized Knowledge

At the Jain Law Group, we have handled numerous cases and have the necessary experience involving L-1B Visas. Employees with specialized knowledge, skills and experience in the company’s procedures, systems, services or products may be transferred to it’s affiliate entities in the U.S. as L-1B Visa Intra-company Transferee.

Employer Qualifications

The U.S. Employer must have a formal affiliation with the foreign entity as it’s parent company, subsidiary, branch, or affiliate. This is referred to as the “qualifying organization.” The relationship may be substantiated by evidence that both the U.S. company and the foreign entity are controlled by the same person or a group.

Employee Qualifications

The employee must have worked one (1) year for the foreign organization within the last three (3) years and must be coming to serve in a position that requires special knowledge which the beneficiary has been working in the same capacity. Specific knowledge refers to the beneficiary’s special knowledge of a product, service, equipment, management, techniques, or other related interests. Such knowledge or skill is not common and it exceeds the average knowledge or skill level of standard employees within the organization.

New Offices

Foreign employers transferring an employee with specialized information and specific knowledge must demonstrate the U.S. company’s financial ability to commence business and provide salaries for employees.

Period of Stay

A maximum stay of one (1) year is allowed for employees who qualify to enter the U.S. for the purpose of establishing a corporation. Other qualified L-1B Visa employees are allowed to stay up to three years. An extension is granted in two-year increments up to five years maximum for all L-1B Visa employees.

Family of L-1B Holders

The spouse and children under the age of 21 may accompany the transferring employee as L-2 Visa holders. The family members will generally be given the same time period of time to as the qualifying employee. Spouses of L-1B Visa employees may apply for work authorization.

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