L-1B Visa

• Employment Permit: The L-1B visa grants foreign employees the right to work legally in the U.S. for the sponsoring employer. This authorization is specific to the company that petitioned for the visa, allowing employees to utilize their specialized knowledge to benefit the U.S. operations of their multinational employer.
• Residence Permit: L-1B visa holders are permitted to reside in the United States for the duration of their visa. This allows them to immerse themselves fully in the local operation and culture, contributing effectively to the business’s success.

The L-1B visa is initially valid for up to three years, with the possibility of extension for a total stay of up to five years. This timeframe allows for strategic planning and the execution of long-term projects by the employee in the U.S.

• Children: The L-1B visa allows the employee’s children, who are unmarried and under the age of 21, to accompany them to the United States under the L-2 dependent visa. The L-2 visa permits these children to attend school without additional immigration documentation.
• Spouses: Spouses of L-1B visa holders are eligible for L-2 visas, which permit them to live in the U.S. Importantly, L-2 spouses can also apply for employment authorization, allowing them to work legally in the United States during their stay.

The L-1B visa is recognized for its dual intent feature, meaning that visa holders can apply for a green card while retaining their non-immigrant status. This provision enables the employee to pursue permanent residency in the United States without affecting their L-1B visa status, offering a pathway to long-term settlement for the employee and their family.

• Qualifying Relationship: The applicant must be employed by an organization with a qualifying relationship, such as a parent company, branch, affiliate, or subsidiary, with the U.S. employer. This relationship must be clearly documented to ensure eligibility.
• Continuous Employment Abroad: The employee must have worked for the company abroad for at least one continuous year within the three years preceding the application. This demonstrates their commitment and familiarity with the company’s operations and practices.
• Specialized Knowledge: The applicant must possess special knowledge about the company’s products, services, research, systems, or proprietary techniques, distinguishing them from other employees who lack such insights. This expertise should be documented and essential for the company’s operations in the U.S.
• Offer of Employment: The applicant must have a valid job offer from the U.S. branch of the company, specifying the position and duties that require their specialized knowledge. This ensures the necessity of transferring the employee to support U.S. operations.
• Intent to Return (if not intending to become a permanent resident): While the L-1B visa allows for dual intent, if the applicant does not plan to pursue permanent residency, they must demonstrate their intent to return to their home country after the visa expires or their assignment ends.
• Petition Filing (Form I-129): The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS), including documentation supporting the employee’s specialized knowledge and the company’s qualifying relationship.
• Evidence of Business Activity: The U.S. office must show evidence of active and ongoing business operations, providing proof that the employee’s transfer is necessary for business development and success.
• Government Filing Fees: The required fees must be paid at the time of submitting the petition, adhering to current immigration fee schedules and regulations.

• Evaluation of Your Case: This involves a comprehensive review of both the employer’s and the employee’s qualifications, ensuring that the organization has the necessary corporate relationship and that the employee possesses the required specialized knowledge. Consulting with immigration experts can help to assess the strength of the case.
• Constituting Your Eligibility: Gathering and analyzing evidence to substantiate that the employee meets all eligibility criteria, such as proof of employment history, specialized expertise, and the company’s qualifying relationship. This step also involves identifying any areas that may require additional information or documentation.

• Form I-129, Petition for a Nonimmigrant Worker: Filed by the employer, this form is the official petition requesting the employee’s transfer and must include evidence supporting the L-1B criteria.
• Proof of Employment Relationship: Documentation such as employment contracts, pay stubs, or tax returns that demonstrate the employee’s qualification and tenure with the foreign company.
• Company Documents: Corporate records such as business registration, proof of ownership, and details of the qualifying relationship between the U.S. and foreign offices.
• Specialized Knowledge Evidence: Materials that highlight why the employee’s skills and knowledge are unique and essential for the U.S. operation, such as testimonials, training records, or project details.
• Passport: A valid passport for the employee and any accompanying family members, showing the remaining validity beyond the intended stay in the U.S.
• Visa Fees Receipt: Proof of payment for application filing fees, highlighting compliance with U.S. immigration fee requirements.

• Eligibility Verification: For those already in the U.S. on a different visa, ensure that all current immigration status requirements are met and that the individual is eligible for a change of status to an L-1B visa without having to leave the United States.
• Filing Form I-129 for Change of Status: Submit an I-129 form specifically requesting a change of status, along with supporting documentation showing that the applicant continues to meet L-1B requirements while in the U.S.

• Consular Interview Preparation: For applicants applying from abroad, prepare for a visa interview at a U.S. consulate or embassy. This includes gathering necessary documents, such as the I-129 approval notice, passport, photographs, and appointment confirmation.
• Scheduling the Interview: Utilize the Department of State’s online system to schedule an interview and ensure compliance with country-specific instructions and timelines.
• Visa Issuance: Upon a successful interview, the consulate issues an L-1B visa allowing entry into the U.S., at which point the employee can begin their assignment.