L-1B Visa (Intra-Company Transferee Visa for Specialized Knowledge Workers)

To be eligible for an L-1B visa, both the petitioning organization along with the foreign employee must meet the following requirements:

• The employer has a qualifying relationship with a foreign company (qualifying organizations are a parent company, branch, subsidiary, or affiliate)
• The employer is currently or will be doing business in the United States and in at least one other country as an employer. In addition, this business must be done either directly or through a qualifying organization for the duration of the L-1B visa recipient’s stay in the United States
• The foreign employee has worked for a qualifying organization abroad for at least 1 year within the past 3 years
• The foreign employee has worked in a role for the non-U.S.-based organization that required specialized knowledge regarding the organization’s products, procedures, services, etc
• The foreign employee is coming to the United States for the purposes of continued specialized knowledge work for the same employer or qualifying organization
• If the foreign employee is coming to the United States for the purposes of establishing a new office, the petitioning employer must provide evidence that the employer has secured sufficient physical premises for the housing of the new office. In addition, they must also provide evidence that demonstrates that they have the financial ability to both compensate the employee and commence business in the United States

It should be noted that doing business, in this case, is defined as the regular, systematic, and continuous provision of goods and/or services by a qualifying organization.

To apply for an L-1A visa, the petitioning employer will first need to submit Form I-129 (Petition for a Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS) along with the L-classification supplement. Once this form is approved by USCIS, the employee can then begin their L-1B visa application.

Once Form I-129 is approved, the employer will then need to complete Form I-197 (Notice of Action). This will allow the employee the right to apply for an L-1B visa at their nearest U.S. Embassy or Consulate abroad.

The first step for the employee to begin their L-1B visa application is to complete Form DS-160 (Online Nonimmigrant Visa Application) which can be completed and submitted online. This online form will ask the foreign employee questions regarding their background, education, work experience, and reasons for entry into the United States. After the form has been submitted, the visa applicant will be shown a confirmation page and number on the screen. The visa applicant must print out this confirmation page as it will need to be submitted later.

After Form DS-160 has been submitted online, the visa applicant will then need to schedule and attend a visa interview at their nearest U.S. Embassy or Consulate. This is the last step of the application process.

At the visa interview, the applicant will be asked a series of questions regarding their application and reasons for wanting to come to the United States. In addition, the visa applicant will be asked to submit a number of supporting documents. The consular officer will use these documents and the interview to assess whether or not the applicant will be granted an L-1B visa.

If approved, the applicant will receive their visa and is free to travel to the United States within the designated amount of time. If the visa is rejected, the applicant will be informed of the reasons for the denial and if he/she is eligible to apply again.

In addition to Form I-129, the petitioning employer will also need to submit supporting documentation that shows that the employer meets the criteria for sponsorship. These documents can include the following:

• Any evidence showing that the petitioner and the organization which will employ the applicant in the United States are qualifying organizations
• Any evidence that verifies the capital structure of the company
• Any evidence that shows that the employee’s education, training, and employment qualifies him or her to perform the intended services in the United States
• Any evidence which shows that the employee has had one continuous year of full-time employment abroad with a qualifying organization within three years preceding the filing of the petition
• Any evidence which shows that the employee’s prior year of employment abroad was in a position that required specialized knowledge
• Copies of business permits, licenses, and registrations (where applicable)
• An organizational chart that shows the foreign employee’s position in both the foreign and U.S. company
• Annual reports of both the foreign and U.S. company which demonstrate both the type of business and its financial stability
• Any evidence that the company is establishing a new office such as lease agreements, etc (if the employee is being transferred to establish a new office)

In order to apply for an L-1B visa, both the employer and employee will need to submit a variety of supporting documentation. This can include the following:

• A valid passport (valid for at least 6 months after intended travel)
• Their visa interview appointment letter
• DS-160 confirmation page
• A copy of their updated resume/CV
• A copy of the I-129 petition submitted by their employer to the USCIS
• The I-797 approval notice from USCIS
• A written letter from the employer to the U.S. Embassy or Consulate requesting the L1 visa on the applicant’s behalf (this should include the employee’s job descriptions and reason for transfer)
• 2 photographs of the applicant (shot in accordance with U.S. visa standards)
• Any evidence demonstrating that the employee has worked for the employer for at least 1 year within the past 3 years
• Any other business-related documents to support your eligibility as an employee with specialized knowledge
• Reference letters from supervisors, colleagues, and others
• Receipts of application fee payments

For more information on what specific documents should be included, consult with your immigration attorney for more details.

The L-1B visa is valid for an initial authorized stay of three years. The visa can be extended in an increment of 2 years. The maximum stay under an L-1B visa is five years.

L-1B visa holders who are coming to the United States for the purposes of establishing a new office will be allowed a maximum initial stay of 1 year.

After the visa holder has reached the maximum stay, he/she must return to their home country at least for one year before they can apply for a new L or H Visa status.

An L-1B visa holder can sponsor immediate family members for an L2 Dependents visa. This visa will enable the spouse and/or dependent children (unmarried children under the age of 21) to live in the United States with the principal L-1B visa holder.

While in the United States, spouses and children can study either part-time or full-time. In addition, spouses are allowed to work under an L2 visa without needing to apply for an employment authorization document.