L-1B

The L-1B is a nonimmigrant visa that allows employees of multinational companies to temporarily transfer to a related entity in the United States. Eligible employees must possess “specialized knowledge” that is either not commonly found in the general industry or more advanced than what is typically found within the company.

L-1B status is generally granted for an initial period of three years and may be extended for up to two additional years. This status is different from the L-1A visa, which is valid for up to seven years and is reserved for employees transferring to the United States to serve in a managerial or executive role.

Qualifications for an L-1B Visa

To qualify for an L-1B visa, you must meet specific requirements, including the following:

• You must have been employed continuously by the foreign entity for at least one year during the three years prior to the transfer
• You must be employed in a specialized knowledge capacity with the foreign company
• You must be transferring to the United States to work in a specialized knowledge position for the same employer
• You must have relevant educational credentials or experience

There must also be a clear, qualifying relationship between the U.S. company and the foreign entity, such as parent, subsidiary, branch, or affiliate.

Securing an L-1B Visa

Obtaining an L-1B visa requires multiple steps. The employer must first submit a nonimmigrant petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf, which must include the following documents:

• Proof of the employer-employee relationship – such as offer letter, pay stubs, and organizational chart
• Evidence of the foreign and U.S. companies’ qualifying relationship – such as annual report, list of entities, and company organizational charts
• Detailed description of the specialized knowledge position – including the similar processes, tools, procedures, products, or services required for the foreign and U.S. roles
• Evidence of your specialized knowledge related to the foreign and U.S. positions – such as training records, educational credentials, and experience letters from prior employers

Once the L-1B petition is approved, you will need to file a Nonimmigrant Visa Application at a U.S. consulate abroad, pay the required fees, and attend an interview in person. During the interview, the consular officer will evaluate the petition and documents to determine if you qualify for the L-1B visa.

Note: Some large companies obtain a pre-approved Blanket L-1 Approval Notice, which they can use multiple times to transfer qualifying employees to the U.S. In such cases, L-1B beneficiaries must qualify as “professionals”, generally meaning that they hold a degree equivalent to a U.S. bachelor’s degree from an institution of higher learning. If you work for a company with a Blanket L-1, you must still schedule an interview at a U.S. consulate to be evaluated for L-1B status.

Spouses and minor children under age 21 can also apply for L-2 status. Another feature of the L-1B visa is that L-2 spouses are permitted to work throughout the duration of their status.

At US-ILC, our attorneys can guide you through the process of applying for L-1B status, and help you prepare for each step along the way.