1. What criteria must an individual meet to qualify as a specialized knowledge worker?

An individual must have specialized knowledge and expertise in a particular area, such as engineering, science, coding, accounting, finance, or another field. They must also have the ability to apply their knowledge and skills to solve complex problems and create innovative solutions. Additionally, they must be able to communicate their ideas effectively and collaborate with others. They must also be able to think critically and use analytical methods to identify trends, develop strategies, and make decisions. Finally, they must be willing to continuously learn and upgrade their skills to stay current with the latest industry developments.

2. What is the process for filing an L-1B visa application?

The process for filing an L-1B visa application is as follows:

1. Prepare the necessary documents for the L-1B visa application. These typically include a Form I-129, Petition for a Nonimmigrant Worker, a Form I-129S, Supplemental Nonimmigrant Visa Petitioner Information, a copy of the beneficiary’s passport, and evidence of the beneficiary’s qualifications.

2. File the petition with USCIS. The form can be filed electronically through USCIS’ online portal, or paper-filed with the appropriate USCIS Service Center.

3. Once approved, the beneficiary must file an application for an L-1B visa at a US consulate in their home country. The beneficiary will need to submit all required forms and documents to the consulate, and schedule and attend an interview.

4. After the interview, if approved, the beneficiary will be issued an L-1B visa in their passport, allowing them to enter the US in L-1B status.

3. What documents must be included in an L-1B visa application?

An L-1B visa application typically requires the following documents:

1. Form I-129, Petition for a Nonimmigrant Worker.
2. A detailed petition letter describing the nature of the professional services to be performed in the US and the qualifications of the applicant to provide such services.
3. Evidence of the employer’s status as a qualifying organization and its ability to pay the applicant’s wages.
4. Evidence of the applicant’s employment status abroad, such as a letter from their current employer, and evidence of their qualifications for providing specialized knowledge services.
5. Copies of the applicant’s educational credentials and work experience, such as résumés and diplomas.
6. Evidence of any business relationship between the US and foreign employers, such as contracts or other agreements.
7. Copies of any valid passports or other travel documents for the applicant and any family members who will be accompanying them.
8. Two passport-style photographs for each applicant and family member (if applicable).
9. A completed Form I-907, Request for Premium Processing Service, if applicable.

4. How long is an L-1B visa valid?

An L-1B visa is valid for an initial period of up to three years. It may be extended for up to two additional years, for a total maximum validity period of five years.

5. What are the restrictions on employment for an individual with an L-1B visa?

Individuals with an L-1B visa must satisfy the following restrictions on employment in the U.S.:

1. They are only permitted to work for the employer who sponsored their visa and in a role that is consistent with their original visa application.

2. They may not work for any other employer without authorization.

3. The L-1B visa holder cannot set up a business or engage in self-employment in the U.S.

4. The L-1B visa is valid for a maximum of five years, although extensions may be granted in certain circumstances.

5. Immigration law requires that the individual return to their home country for at least one year after their L-1B visa expires if they wish to obtain an employer-sponsored immigrant visa in the future.

6. What are the requirements for maintaining lawful immigration status while on an L-1B visa?

In order to maintain lawful immigration status while on an L-1B visa, you must meet the following requirements:

1. Have a valid passport;
2. Have a valid L-1B visa;
3. Be employed by a company that is registered in the United States;
4. Perform the duties of an employee in a specialized knowledge capacity (an employee with specialized knowledge needs to have knowledge that is not commonly found within the industry);
5. Abide by the terms of the L-1B visa;
6. Meet all applicable laws and regulations imposed by the U.S. government;
7. Meet all applicable tax requirements of the Internal Revenue Service; and
8. Not work for any employer other than the one registered in the United States.

7. Can L-1B visa holders apply for permanent residency?

Yes, L-1B visa holders are eligible to apply for a green card through the employment-based preference categories. To do so, they must first get their employer to sponsor them for an immigrant visa and then go through the green card application process.

8. Can an individual with an L-1B visa work for more than one employer?

No, individuals with an L-1B visa are only allowed to work for the employer who sponsored their visa.

9. What is the portability provision of the L-1B visa?

The L-1B visa allows a qualified individual to transfer from a foreign company to a U.S. subsidiary or affiliate of the same employer. The individual must have worked for the foreign company for at least one year out of the previous three years. Additionally, the individual must have specialized knowledge of the company’s product, service, research, equipment, techniques, management, or other interests that can be transferred to the U.S. subsidiary or affiliate.

10. Are extensions of stay available for L-1B visa holders?

Yes, extensions of stay are available for L-1B visa holders. The L-1B visa can be extended for a maximum of 5 years at a time, and can be extended in total for up to 7 years. The extension application must be made prior to the expiration of the current visa.

11. How does an employer obtain petition approval on behalf of an employee seeking an L-1B visa?

Employers can file a petition to the United States Citizenship and Immigration Services (USCIS) on behalf of the employee seeking an L-1B visa. The employer must provide evidence that the employee has specialized knowledge and at least one year of working experience with the company or related foreign organization. They must also show that the employee’s job in the US is related to the specialized knowledge they bring to the company. USCIS must approve the petition before the employee can apply for an L-1B visa.

12. Is a labor certification required for an L-1B visa application?

No, a labor certification is not required for an L-1B visa application. However, the applicant must be able to demonstrate that they possess “specialized knowledge” of the organization’s product, services, research and development, or other interests, and that they are “essential to the development of the company.”

13. Are there any special considerations for individuals seeking L-1B visas in certain industries, such as the IT industry?

Yes, special considerations may apply for individuals seeking L-1B visas in certain industries such as the IT industry. Certain industry specific criteria must be met in order to be approved, such as having specialized knowledge of the industry or a job offer from a company in the industry. Additionally, employers may need to demonstrate a need for the visa holder’s services or that the visa holder is a key employee in order to qualify for the visa.

14. Can a dependent of an L-1B visa holder work in the U.S.?

No, dependents of L-1B visa holders are not permitted to work in the US. They may be able to obtain an L-2 visa, however, which allows them to stay in the US but not to work.

15. How long can a dependent of an L-1B visa holder stay in the U.S.?

The dependent of an L-1B visa holder can stay in the U.S. for up to the same duration as the primary visa holder. Dependents (spouses/children) are eligible for a derivative L-2 visa, which will be valid for as long as the primary visa holder’s visa is valid.

16. What is the difference between an L-1A and an L-1B visa?

An L-1A visa is for intracompany transferees of executive or managerial positions, while an L-1B visa is for intracompany transferees of specialized knowledge positions.

17. Can an individual with an L-1B visa be self-employed in the U.S.?

Yes, an individual with an L-1B visa can be self-employed in the U.S., provided they are sponsored by a U.S. employer and maintain a valid L-1B visa status. Self-employment must be consistent with the individual’s authorized activities and not interfere with their employment at the sponsoring organization.

18. Are there any special requirements for filing taxes for individuals with an L-1B visa?

Yes, individuals with an L-1B visa have some additional requirements when filing taxes. All individuals with L-1B visas are considered nonresident aliens for tax purposes and must file Form 1040NR or Form 1040NR-EZ. They are subject to the same federal income tax rules as other nonresident aliens, including the requirement to file a return if they meet certain income thresholds. Additionally, they must report their worldwide income on their US tax returns, even if it has already been taxed in another country. Lastly, individuals with an L-1B visa are subject to the Substantial Presence Test (SPT), which determines whether they are legally considered a resident alien for tax purposes.

19. Can a person with an L-1B visa travel outside of the U.S.?

Yes, a person with an L-1B visa can travel outside of the U.S., provided they have a valid visa and their visa has not expired. The individual must also have an approved I-94 form with them when they return to the U.S.

20. Are there any restrictions on voluntary departure by individuals with an L-1B visa status from the U.S.?

Yes, individuals with an L-1B visa status are subject to certain restrictions regarding voluntary departure. Individuals must complete any authorized stay in the U.S. within the period of time indicated on the I-94 form. Additionally, individuals must not depart from the U.S. prior to their employer filing a Form I-129 to amend their nonimmigrant status, if applicable, or to terminate their nonimmigrant status. Failure to abide by these restrictions may result in the Denial of Reentry or other immigration-related penalties.