L1B Visa Lawyer Intra Company Specialized Knowledge Visa

If a small or medium-sized business supports a position wherein the duties are primarily executive or managerial, it can qualify for an individual petition under the L category. However, neither the title of a position nor ownership of the business is, by itself, an indicator of managerial or executive capacity. The sole employee of a company may qualify as an executive or manager, for L visa purposes, provided their primary function is to plan, organize, direct, and control an organization’s major functions through other people. A foreign company or organization, however, must have, or be in the process of establishing, a legal entity in the United States which is, or will be, doing business as an employer to transfer an employee under INA 101. An approved individual petition is prima facie evidence that the requirements for visa classification, which are examined by a USCIS adjudicator during the petition process, have been met. However, the approval of a petition by USCIS does not relieve the applicant of the burden of establishing eligibility for the visa.
“New Office” L1sL-1 visas can also be obtained for foreign companies to open a ‘New Office’ in the U.S. A ‘New Office’ is understood to mean an organization which has been doing business in the U.S through its parent, subsidiary, branch or affiliate for less than one year. For “New Office” the initial period of stay is one year which can be extended further. There is no minimum amount of capital investment that is mandated by law. So capital investment could be any amount that is the industry norm or recommended.
It was like an informative statement but not part of any contract or bond. An employee may consider any new employer who is willing to file a petition to change the visa status to an H-1B. However, an H-1B lottery takes place in the month of March every year. If the layoff took place in the month of March, the new employer could enroll employees in the cap lottery of that year and upon selection, the employee can begin working starting October. In order to avoid the annual cap and lottery, an employee on an L-1 visa can look for cap-exempt institutions, such as government research organizations, non-profit organizations, and institutions of higher education.
Once the Blanket L is in place, the companies listed on the Blanket L approval no longer need to prove their qualifying relationships to each other, unless the relationships change. l1a visa interview questions is only available to companies with at least 3 related branches, subsidiaries or affiliates engaged in commercial trade or services. Also the companies must have combined U.S. sales of at least $25 Million, or 1,000 U.S. employees, or have received at least 10 approved individual L-1 petitions in the 12 months prior to submitting the Blanket L petition.
Because it is so important to file the appropriate paperwork for an L1 visa extension, it is always highly recommended to work alongside a qualified immigration attorney to be sure you are making the right decisions for your L1 visa extension. There are times when the USCIS sees a discrepancy in your information or finds that your evidence is lacking, warranting a Request for Evidence to be sent. There is always the chance that you may have your L1 extension denied without an RFE.
If you would like to do this, your L-1A petition needs to be approved before you have completed 4.5 years with your currently L-1B Visa. Because your L-1B visa is contingent on your employer being your petitioner, you may not change employers under your L-1B visa. If you are looking to change employers after receiving your L-1B visa, you may be eligible by changing from your currently visa to an H-1 visa. Though the EB-2 NIW may be more stringent compared to the regular EB-2 application requirements, it has many advantages if you meet the criteria. Apart from the opportunity to self-petition, the process may also be faster as you will not need to undergo the PERM labor certification, which usually takes 8 months to complete.
It goes without saying that in order to qualify for an L1B visa, you have to meet specific criteria. Basically, as a specialized knowledge employee, you must be more than familiar with the interest of the employer. Your knowledge has to be essential for the development of the program or for setting up the company. It may also refer to possessing specialized knowledge or expertise when it comes to the procedures or processes of an organization. If there is any substantial change to a beneficiary’s employment while he or she is on L1B status, it is best to expeditiously consult with an experienced immigration attorney to determine whether an amended petition is necessary.

Leave a Comment