L1-B Visas Specialized Knowledge Employee Transfer

The person with the specialized knowledge has gained this knowledge through years of experience within the company and so without them, the company’s products or services would not be of the same quality. How applicants are considered eligible for L-1A and L-1B visas can be tricky to define. If help is needed when applying, post your legal need for the professionals at UpCounsel.
But, specialized l1b vs l1a must be high-level and uncommon within the industry. The knowledge doesn’t have to be uncommon within the L-1 visa applicant’s company but should be above normal knowledge for the industry as a whole. What defines an employee working in a “specialized knowledge capacity” is laid out in section 214 of the Immigration and Nationality Act. An L-2 visa holder may apply for work authorization but may not work without that authorization. If the employee must spend time working outside the country while on an L-1B visa, that time can be recaptured to the five-year maximum stay. Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States.
The memorandum becomes effective Aug. 31, and the government is seeking feedback from the public through May 8. Clients should consult their BAL professionals to discuss how the guidance may impact their L-1B programs. Have your employer sign the final version of your L-1B application. We simplify the L-1B work visa process so you know exactly what to expect every step of the way. The firm must be engaged in a commercial trade or service operation.
If the USCIS fails to process your petition in the allotted time, then you will receive a refund of your fee. PERM Labor Certification usually takes about 8 months to complete. This includes the 30-day job order requirement, the extra 30-day waiting period after the job order, and the 6-month processing time for the ETA-9089 application. If your employer is subjected to supervised recruitment or an audit, this can potentially extend the PERM processing time to two years. If you make it through all of these steps, you’ll have your green card!
Such knowledge is beyond the ordinary and not commonplace within the industry or the petitioning organization. In other words, the employee must be more than simply skilled or familiar with the employers interests. We provide L-1 Visa DIY Package and various L-1 visa application or L-1 visa extensionresources, and share the best practices and questions/answers to help your L-1 visa application process. The H-1B visa and L-1 visas allow dual intent, although for a set maximum duration.
When the time frame indicated there is prone to expire, your employer might choose to file for an extension. In case the extension is approved by the US embassy, you may prolong your stay in the US. Special provisions allow for a one year period of L status for the purpose of establishing a new office in the U.S. To qualify, an office location has been secured and a well developed business plan must be prepared. The relationship between the corporate entities and ability to fund the operations is necessary. The new office provision can be a useful tool which allows an entity to expand into the U.S. market.
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