How to Get an L-1B VisaPersons With Specialized Knowledge

They must demonstrate that there are no more viable or qualified U.S. workers for the task through market testing or other methods. To be considered for the headquarters designation, an entity must have more than 500 employees in the United States and conduct at least $25 million of business activity each year in the country where it is located. It should be noted that if you want to change your status from L1A to L1B, you must file a petition for changing your status to L1A before your current L1B visa expires.
The L1-A and L1-B visas are nonimmigrant visas ; however, obtaining an L1-A or L1-B visa is also permissible for foreign nationals who have dual intent to work in the U.S. temporarily and eventually secure lawful permanent resident status. Looking at this request, the officer was looking for something more in line with the standard of someone who has an “extraordinary ability” rather than someone who possesses the special knowledge within the company’s organization to handle that position. Recently, many employers have been receiving Requests for Evidence on their petitions for L-1B Specialized Knowledge nonimmigrant worker visa. The L-1B visa is filed by a company who wants to transfer someone with specialized knowledge of the company or product of the company to their U.S. branch to help with its operations. Because of so many RFEs sent to employers on their L-1B petitions, the United States Citizen and Immigration Services held a stakeholder meeting to address the issues related to L-1B filings.
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The executive or manager may “recapture” those days and accumulate a full 7 years of L-1A status inside the U.S. Also, any year in which the executive or manager is in the United States for less than 180 days does not count toward the maximum duration. Some L-1A and L-1B employees who travel frequently, or spend most of their time outside the U.S., never reach their time limit. The area of specialized knowledge for the individual includes highly developed technical expertise or professional knowledge. Additional types of unique knowledge include that which is related to the company’s products and services and their successful application in the international market or an intimate and unique understanding of the company’s procedures, systems or methods. Such knowledge under the L-1 visa is beyond the ordinary and not commonplace within the industry or the petitioning organization.
Qualifying under this category also means that it would be impossible or quite difficult for your company to find someone else who can fill your position. To be L1B eligible implies that you have worked for your company for a considerable amount of time and have been entrusted to carry out a specific job that requires a rare talent or skill. Terra Immigration Partners is a law firm located in Orlando, Florida. Our immigration lawyers serve clients from all over the world with great passion and determination.
The L1B visa is a nonimmigrant visa, so it is temporary in nature and does not directly lead to a green card. For workers who will be coming to the United States to set up a new office, the L1B visa is initially granted for a period of 1 year. For workers coming to work for existing offices, the L1B visa is initially granted for a period of 3 years.
Evidently, this can lead to numerous opportunities, as well as the chance to maximize their revenue. How and why your specialized knowledge in your field contributes to the company. Try to avoid any incomplete facts; it’s best to respond to inquiries completely. Yes, the employer can request an extension only once, and your L-1B visa’s validity period will be extended for another two years. Because of l1a interview questions , the maximum duration of this visa is five years. The United States Department of Labor issues occupational licenses after receiving the required documents and forms.
The L-1 Visa is a type of nonimmigrant visa for individuals who are either managers or executives to transfer from a foreign company to the US operations of the company for employment. The processing time for L1B to green card varies significantly because the waiting time for an immigrant visa number has huge difference. For example, applicants born in India have to wait more than 10 years while those who born in Germany only wait about 1 year even no waiting time at all. Whatsoever, it is always advisable to consult a skilled immigration lawyer before taking any action.
Before we delve further into the intricacies involved in the change of status, let us apprise you with a brief description of different visas. Our representative will arrange a call with the US immigration lawyer to analyze your situation. Employees in specialty positions (L-1B visa) may be admitted initially for three years if they intend to join an existing company or one year to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of five years. Form 3520-A is required to be filed by a US person if the US person owns a foreign trust.