The L-1B nonimmigrant visa is a non-immigrant visa that allows U.S. employers to transfer professional employees 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.

Eligibility Requirements

To be eligible for an L-1B Visa, the employee must:

  • Have worked for a company affiliated with the U.S. employer in a foreign country for at least one year in the three years before the transfer.

  • Possess specialized knowledge of the employer's products, services, operations, research, or management, or its application in international markets.

  • Be employed in a specialized knowledge position in the U.S. office.

  • The employer must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations).

  • 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 for the duration of the beneficiary's stay in the United States as an L-1.

Application Process

The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee. The petition must include supporting documentation, such as evidence of the employee's qualifications, the employer's relationship with the foreign company, and the specialized knowledge that the employee possesses.

If the petition is approved, the employee will be issued an I-797 Notice of Action, which serves as evidence of their L-1B status. The employee can then apply for a visa at a U.S. embassy or consulate.

Length of Stay

L-1B Visas are initially issued for a period of three years, but they can be extended for up to five years in total.

Spouses and Children

Spouses and children of L-1B Visa holders may be eligible for L-2 visas, which allow them to live and work in the United States.

Here are some additional things to keep in mind about the L-1B Visa:

  • The employee must have specialized knowledge that is essential to the employer's operations.

  • The employee must be employed in a specialized knowledge position in the U.S. office.

  • The employer must have a qualifying relationship with a foreign company.

  • The employer must be doing business in the United States and in at least one other country.

  • The employer must notify USCIS of any material changes that affect the employee's eligibility for L-1B status.

The U.S. immigration system can be complex, and it is important to consult with an experienced immigration attorney to discuss your eligibility and options.