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The L-1B visa authorizes temporary employment with specialized knowledge transferred from a foreign company to a related U.S. company. The visa can be extended for a total of 5 years.
Visa Requirements
The L-1B visa requires (1) a foreign company and a U.S. company to be related as a parent branch, subsidiary or affiliate; (2) the companies must be currently doing business; (3) the employee must have at least one year of experience with the foreign company in a position requiring specialized knowledge; and (4) the employee must be employed in a similar position with the U.S. company.
Please note that L-1B visa employees are not allowed to be primarily stationed at the worksite of an unaffiliated employer. An additional CIS fee of $500 must be paid for all L-1 applications for Fraud Prevention and Detection.
Specialized Knowledge
Specialized knowledge means special knowledge possessed by an employee of his or her petitioning company’s product, service, research, equipment, techniques or management. The employee may be an expert in the company’s processes and procedures or possess knowledge of other interest particular to the company which gives the company an edge in the international market. For example, the employee may work with the procedures or have extensive knowledge of products by the company.
Approval of the Visa
The CIS issues an approval notice as evidence of the employee's L-1B status. The visa allows the employee to work for the petitioning company only. The employee's dependants are issued approval notices as evidence of their L-2 visa status.
The employee must have an L-1B visa stamped in the employee's passport for travel out of and return to the U.S. This application is done at the U.S. consulates outside the United States and is referred to as visa consular processing.
Work Authorization for Spouses
The spouses of L-1 visa holders are allowed work authorization in the U.S. Spouses of L-1 visa holders file for work authorization with the CIS Service Center which will be granted for the period of authorized stay granted the L-1 principal.
L-1B Intracompany Transferee (Specialized Knowledge) Document Checklist
Employee
Resume (with detailed description of job duties and dates of employment)
Beneficiary's experience letter (title, dates of employment and qualifications)
Beneficiary's diplomas degrees, and certificates
Evidence of Beneficiary's status (visa, I-94, approval notices)
Dependant's information (date of birth, country of birth, relationship, current address)
U.S. Company
Certificate of Incorporation and Articles of Incorporation
Stock certificates (showing total ownership)
Business registration, business license, business permits, DBA'S
Organizational chart
Company information (history, facilities, products, number of employees, clients)
Commercial lease
Brochures, catalogs, promotional and product literature, and advertisements
Invoices, contracts, bill of lading, and other business documentation
Company letterhead
Corporate tax returns (IRS 1120, IRS 941, TWC C-3)
Financial statements (balance sheet, income statement, asset & deficit, payroll)
Bank account statements
Foreign Company
Certificate of Incorporation and Articles of Incorporation
Business registration, business license, business permits
Organizational chart
Company information (history, facilities, products, # of employees, clients)
Commercial lease
Brochures, catalogs, promotional & product literature, and advertisements
Invoices, contracts, bills of lading, and other business documentation
Corporate tax returns
Financial statements (balance sheet, income statement, asset & deficit, payroll)
Bank account statements |