What is an L-1B Visa? 

The L-1B Intracompany Transferee Specialized Knowledge visa allows multinational companies to transfer employees with specialized knowledge to their U.S. offices. This visa is valid for up to five years with no possibility of extension.

Specialized Knowledge

“Specialized knowledge” refers to the employee’s specific knowledge of the company’s products, services, research, equipment, management, or other interests. This knowledge must set the employee apart from others in the company or industry and be essential to the U.S. operations.

Employer Requirements:

• Must have a qualifying relationship with a foreign company (affiliate, branch, subsidiary, or parent).
• Must be actively doing business in the U.S. and at least one other country.

Employee Requirements:

• Must have worked for the employer abroad for at least one year within the last three years.
• Must intend to return to their home country after the visa expires.
• Must work only for the petitioning company in the U.S.

Establishing New Offices 

To transfer an employee to establish a new office in the U.S., the company must:

• Show proof of sufficient physical space for the new office.
• Demonstrate financial ability to pay the employee and start business operations.

Period of Stay and Adjustment 

L-1B visa holders can stay in the U.S. for an initial three-year period, extendable by two years, up to a maximum of five years. To stay beyond five years, they must apply for a Change/Adjustment of Status or switch to another visa type.

Changing Status

L-1B to L-1A:

• Must meet managerial or executive requirements.
• Must apply before L-1B status expires.

L-1B to Green Card:

• Can apply for EB-2 or EB-3 employment-based Green Cards.
• Requires employer sponsorship and PERM Labor Certification.

BENEFITS OF L-1B VISA

• Dual Intent: Allows for applying for permanent residency without jeopardizing L-1 status.
• Family Accompaniment: Spouse and unmarried children can accompany on L-2 visas.
• No Quota Limit: Unlimited number of L-1B visas available annually.
• Blanket Petition: Companies can file a single petition for multiple employees.
• New Office Establishment: Allows companies to send employees to establish U.S. offices.

Restrictions 

• Maximum Stay: Limited to five years.
• Employer-Specific: Cannot work for another employer or part-time.

Application Process

1. Job Posting: Employer advertises the job in the U.S.
2. Labor Certification: Employer applies for temporary labor certification.
3. USCIS Petition: Employer files Form I-129 with USCIS.
4. Visa Application: Complete Form DS-160 and undergo consular processing if outside the U.S.
5. Visa Issuance: Attend visa interview and provide required documents.

Required Documents 

• Form DS-160 confirmation page
• Form I-129 approval page
• Valid passport
• Passport-style photographs
• Proof of ties to home country
• Additional documents for dependents
  • Valid passport
  • Passport-style photographs
  • Birth certificates for children
  • Marriage certificate for spouse

Fees

• Form I-129 filing fee: $460
• Form DS-160 filing fee: $160
• Premium Processing Fee: $1,500 (optional)

Commonly Asked Questions 

What is the processing time?

Employers can file the petition 60 to 120 days before the employment start date. Premium processing is available for expedited service within 15 days.

Can family members Accompany L-1B Visa holders? 

Is there a limit on the number of Visas?

There is no annual limit on L-1B Visas, companies hire as they need. 

What is the difference between L-1A and L-1B Visa? 

The L-1A visa is for managers and executives, while the L-1B Visa is for employees with specialized skills. 

What happens if an L-1B Visa is denied? 

Your employer can appeal the decision or re-apply with additional evidence. 

How can Yellow Law Group help?

Yellow Law Group offers comprehensive assistance with the L-1B visa process, including:

• Reviewing job offers to assess eligibility.
• Assisting with obtaining temporary labor certification.
• Checking supporting documentation.
• Liaising with U.S.-based sponsors.
• Monitoring the progress and status of applications.

CONTACT US

For any questions or assistance with your L-1B visa application, contact Yellow Law Group. Our expert immigration lawyers are ready to help you navigate the process.