The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization's interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. The employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.
Employer must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate)
Employer must currently be, or will be, doing business as an employer in the United States and in at least one other country for the duration of the beneficiary's stay
Employee must generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding admission to the United States
Employee must be seeking to enter the United States to provide services in a specialized knowledge capacity to the same employer or a qualifying organization
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Regulatory Criteria
Specialized Knowledge Definition
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.
Examples
Special knowledge of the organization's product or service
Knowledge of research, equipment, or techniques unique to the organization
Expertise in management or other organizational interests
Application of knowledge in international markets
Advanced level of expertise in organizational processes and procedures
Qualifying Relationship
The U.S. employer must have a qualifying relationship with a foreign company - as parent company, branch, subsidiary, or affiliate. These are collectively referred to as qualifying organizations.
Examples
Parent company relationship
Branch office of the same company
Subsidiary relationship (ownership and control)
Affiliate relationship (common ownership or control)
Doing Business Requirement
The employer must currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization. Doing business means the regular, systematic, and continuous provision of goods and/or services. While the business must be viable, there is no requirement that it be engaged in international trade.
Examples
Regular, systematic, and continuous provision of goods and/or services
Does not include the mere presence of an agent or office
Business must be viable but need not engage in international trade
Must continue doing business for the duration of the beneficiary's stay
L-1 Visa Reform Act of 2004
The L-1 Visa Reform Act of 2004 applies to petitions filed on or after June 6, 2005, particularly for L-1B employees stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent.
Examples
The employee will not be principally controlled or supervised by the unaffiliated employer
The work being provided is not considered to be labor for hire by the unaffiliated employer
Applies when employee works primarily at third-party worksite
New Office Requirements
For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, additional requirements apply.
Examples
Employer has secured sufficient physical premises to house the new office
Employer has the financial ability to compensate the employee
Employer has the financial ability to begin doing business in the United States
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Application Process
Qualifying Relationship
Establish qualifying relationship between U.S. and foreign entities.
Document Employment
Document one continuous year of specialized knowledge employment abroad within preceding 3 years.
I-129 Filing
U.S. employer files Form I-129 with USCIS on behalf of the employee.
USCIS Adjudication
USCIS reviews petition and may request additional evidence.
Visa Application
If abroad, apply for L-1B visa at U.S. consulate.
Admission
Seek admission to the United States in L-1B status.
Employment Begins
Begin work in specialized knowledge capacity.
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Key Benefits
Maximum initial stay of 3 years (1 year for new office petitions)
Extensions available in increments of up to 2 years, up to maximum of 5 years total
Spouse (L-2) is employment authorized incident to status - no separate EAD required
Unmarried children under 21 may accompany in L-2 status
Blanket petitions available for qualifying organizations
Dual intent allowed - can pursue permanent residency
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Documents Needed
Valid Passport
Form I-129 Petition
Evidence of qualifying relationship between entities
Evidence of one year employment abroad in specialized knowledge capacity
Detailed description of specialized knowledge
Evidence demonstrating the specialized nature of knowledge
Organizational charts (foreign and U.S. entities)
Evidence of doing business in U.S. and abroad
For new offices: evidence of physical premises and financial ability
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Frequently Asked Questions
How long can I stay in L-1B status?
Qualified employees entering to establish a new office are allowed a maximum initial stay of one year. All other qualified employees are allowed a maximum initial stay of three years. Extensions may be granted in increments of up to two years, until the employee has reached the maximum limit of five years.
What is the difference between L-1A and L-1B?
L-1A is for executives or managers, while L-1B is for employees with specialized knowledge. L-1A allows a maximum stay of 7 years, while L-1B allows a maximum of 5 years. Both require one year of employment abroad within the preceding three years.
What is 'specialized knowledge'?
Specialized knowledge means either special knowledge of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.
Can my spouse work in the U.S.?
Yes. Spouses of L-1 workers in valid L-2S nonimmigrant status are considered employment authorized incident to status. They do not need to file a separate Form I-765 for an EAD, though they may choose to do so. An unexpired Form I-94 with L-2S notation is acceptable as evidence of employment authorization.
What is a blanket L petition?
Certain organizations may establish the required intracompany relationship in advance by filing a blanket petition. To qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional. Eligibility requires: engaged in commercial trade or services, U.S. office doing business for one year or more, three or more domestic and foreign branches/subsidiaries/affiliates.
What are the restrictions when working at a third-party site?
Under the L-1 Visa Reform Act of 2004, if you will be stationed primarily at the worksite of an employer other than the petitioning employer, the petitioner must show that: you will not be principally controlled or supervised by the unaffiliated employer, and the work is not considered labor for hire by that employer.
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Fees
Attorney Fee for I-129
$6,400 - $9,400 (Initial $2,900; $1,250/month)
USCIS I-129
$1,055/$530
Premium Processing
$2,805
Asylum Program
$600/$300/$0
Fraud Fee
$500
Attorney Fee for DS-160
$500 per person
Embassy Fee
$205
Fees are estimates and may change. Contact us for a quote for your specific case.
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