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L-1B Visa Requirements for Specialized Knowledge Workers | International Consulting Services (ICS)

At International Consulting Services (ICS), we assist businesses and individuals with the L-1B Visa process, which allows employees with specialized knowledge to transfer from a foreign company to a U.S.-based branch, affiliate, or subsidiary.

What is the L-1B Visa?

The L-1B Visa is intended for employees who possess specialized knowledge critical to a company’s operations, processes, or products. This expertise might include proprietary processes, unique company practices, or specific knowledge of the firm’s products and their global market.

Key Requirements for L-1B Visa Eligibility

  1. Previous Employment:

    • The applicant must have worked with the foreign company outside the U.S. for at least one continuous year within the past three years prior to applying.

  2. Specialized Knowledge:

    • The employee must have knowledge that is critical to the company’s competitiveness, which could include:
      • Advanced understanding of the company’s products, systems, or services.
      • Unique familiarity with company-specific tools, techniques, or methods.
      • Knowledge that is not easily transferred or readily available in the general U.S. job market.

  3. Employment with a U.S. Affiliate:

    • The applicant must be transferring to a U.S. branch, subsidiary, or affiliate of the foreign company to apply their specialized knowledge.

  4. Temporary Stay:

    • The L-1B Visa is for temporary assignments in the U.S. Upon the visa’s expiry, the applicant is expected to return to their home country unless they apply for an employment-based green card, such as the EB-1C.

Specialized Knowledge and Employer-Employee Relationship

Specialized Knowledge:

The L-1B category is designed for “key” employees—those who have specialized expertise beyond that of regular employees. This knowledge might be proprietary, difficult to transfer, and involve skills that provide a competitive advantage for the company. The USCIS criteria require that this knowledge be distinctive and essential to the U.S. operations of the company.

Employer-Employee Relationship:

  • Control and Management: For the L-1B visa, it is essential that the U.S. employer maintains control over the employee’s tasks and responsibilities. Off-site placements may still qualify if:
    • The employee works directly on behalf of the company, under company management, or in alignment with specific company objectives.
    • The work involves unique projects where the employee’s specialized knowledge is crucial to achieving project goals.

Documents Required for L-1B Visa Application

For the Foreign Company:

  • Proof of employment history (e.g., pay stubs, letters of employment)
  • Financial statements and organizational charts
  • Documents confirming the relationship between the foreign company and the U.S. affiliate

For the U.S. Company:

  • Business plan, financial records, and details of the U.S. office’s operations
  • Confirmation of the U.S. entity’s affiliation with the foreign business

For the Applicant:

  • Passport and identification documents
  • Proof of employment and specialized knowledge
  • Records showing the applicant’s one-year employment with the foreign company

How ICS Can Help You

At ICS, we provide comprehensive support for businesses and individuals in the L-1B Visa application process. We ensure that applications are thorough, compliant with all requirements, and optimized for approval.

For further assistance with your L-1B visa application, please contact ICS at:

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