L-1B — Intracompany Transferee, Specialized Knowledge

Q: My company does not have a U.S. office yet, but we plan to open one. Can I get an L-1B to establish that new office?

A /new office/ L-1B is possible but limited: if the U.S. office has been doing business for less than a year, the initial petition may be approved for up to one year. New-office L-1B cases require strong evidence that the U.S. entity can support the role. You must still meet the one-year-of-qualifying-employment-abroad requirement. A business plan is usually a critically important element of “new office” L-1 applications.

This is the best place to prepare for your initial consultation with our attorneys. Here, you can learn more about the requirements and considerations for obtaining a specific type of visa, as well as find answers to the most frequently asked general questions.

Knowledge Center

L-1B

Basics

The L-1B visa is for employees of multinational companies that possess “specialized knowledge” and are being transferred from a foreign office to the United States.

Answers to Frequently Asked Questions About This Visa Type

This list of questions will help you prepare for your consultation with an attorney

What companies qualify for L-1 transfers?

The U.S. entity and the foreign entity the person is being transferred from must have a qualifying corporate relationship — that is, they are the same employer or are related as parent, branch, subsidiary, or affiliate. Affiliates are companies that have the same parents or owned by the same individual fight at least 50%, or they are owned by the same group of individuals in approximately the same proportion. Both the U.S. entity and at least one foreign entity in the group (not necessary the one where the person is being transferred from) must be doing business (regularly, systematically, and continuously) for the duration of the transfer. In addition, the employee must have worked for the qualifying organization abroad for at least one continuous year within the three years before the petition. In some cases, it is possible to establish a required relationship by a foreign company purchasing an American company, or vice versa.

Who qualifies as a "specialized knowledge" employee for L-1 purposes?

Specialized knowledge means either special knowledge of the company's products, services, research, equipment, techniques, management, or other interests and their application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures. In practice it is knowledge that is distinct or uncommon within the industry and not readily available in the U.S. labor market. In a technology company this typically describes someone whose knowledge is specific to the employer rather than to the industry — for example, the engineer who designed the company’s proprietary algorithm or patented technology; an expert able to deploy and customize the company’s platform for enterprise clients; or a specialist who adapted the product to the requirements of a foreign market and will now transfer that knowledge to the U.S. team. Marketing experts, business or finance professionals may also be eligible if their knowledge is specialized and not available on the U.S. market. General proficiency in widely used tools and frameworks, however strong, is not specialized knowledge, so the petition should document how the knowledge was acquired at the company, how long it took to acquire, and how few people hold it.

My company does not have a U.S. office yet, but we plan to open one. Can I get an L-1B to establish that new office?

A "new office" L-1B is possible but limited: if the U.S. office has been doing business for less than a year, the initial petition may be approved for up to one year. New-office L-1B cases require strong evidence that the U.S. entity can support the role. You must still meet the one-year-of-qualifying-employment-abroad requirement. A business plan is usually a critically important element of “new office” L-1 applications.

Can my spouse work in the United States on an L-2?

Yes. L-2 spouses are authorized to work incident to their status and do not need a separate work permit; an I-94 annotated "L-2S" serves as proof of work authorization (they may still request an EAD card if they want one). Your unmarried children under 21 may also hold L-2 status and attend school in the United States, although L-2 children are not authorized to work.

Does the L-1B lead to a green card?

For most L-1B workers, PERM (a.k.a. labor certification, EB-2 or EB-3) is the most natural path to a green card, but some L-1B specialized-knowledge workers may be eligible for different green-card routes. L-1 is a “dual intent” category, so pursuing a green card does not undermine your L-1B extensions or your admission at the border.

What happens to my L-1B status if my employment ends?

You generally have up to 60 consecutive days — or until the end of your authorized stay, if that is shorter — to change to another status or depart. Because L-1B depends on previous work at the employer’s foreign division and knowledge specific to this employer, a transfer to an unrelated company almost always means qualifying for a different visa category. Note that L-1 also depends on the qualifying multinational relationship: if the U.S. or foreign entity is sold, wound down, or restructured, your status can be affected even if your job continues, so those transactions should be reviewed before they close.

Should the petition request a change of status, or should I apply at a consulate?

If you are already in the United States in a valid status, the petition can request a change of status so you do not have to travel. If you are abroad, the petition is approved first and you apply for the L-1B visa at a U.S. consulate. A change of status gives you L-1B status but not a visa, so you will need a consular appointment before your next re-entry. Canadian citizens may present the petition directly at a U.S. port of entry.

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