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The L-1B visa is a non-immigrant visa that allows multinational companies to transfer certain employees with specialized knowledge from their foreign office to their U.S. office for a temporary period. This visa is specifically designed for employees with specialized knowledge of the company’s products, services, or operations, but who do not necessarily hold managerial or executive positions.
Eligibility Criteria for L-1B Visa
To qualify for an L-1B visa, the applicant must meet the following eligibility criteria:
- The applicant must have worked for the foreign company for at least one continuous year within the last three years in a position that required specialized knowledge.
- The U.S. company must be a subsidiary, affiliate, or branch of the foreign company.
- The applicant must be coming to the U.S. to work in a position that requires specialized knowledge.
- The U.S. company must have been doing business for at least one year.
Application Process for L1-B Visa
The L-1B visa application process involves several steps:
- The U.S. company files an L-1B petition with USCIS on behalf of the foreign national employee.
- The petition must include evidence that the U.S. company and the foreign company have a qualifying relationship, the foreign national employee has been working for the foreign company for at least one continuous year in a position that requires specialized knowledge, and the employee will be working in a position that requires specialized knowledge in the U.S.
- Once the petition is approved, the foreign national employee can apply for an L-1B visa at a U.S. consulate or embassy abroad.
- The employee must provide evidence of the company’s qualifying relationship, the employee’s specialized knowledge, and the position that requires specialized knowledge.
Validity and Renewal
The initial period of stay for L-1B visa holders is three years. However, the visa can be extended in two-year increments up to a maximum of five years.
Dependents: L-1B visa holders can bring their spouse and unmarried children under the age of 21 to the U.S. on an L-2 visa. Dependents can apply for work authorization in the U.S., which allows them to work for any employer while they are in the country.
Advantages of L-1A Visa
The L-1B visa has several advantages for multinational companies and their employees:
- It allows companies to transfer employees with specialized knowledge to their U.S. office quickly and easily.
- It provides a pathway to permanent residency for L-1B visa holders through the EB-1C immigrant visa category.
- It allows spouses of L-1B visa holders to work in the U.S., which can help offset the cost of living expenses.