L-1B Skilled Intra-Company Transferees
Cleveland Immigration Lawyer
With an L-1B visa, certain employees of multinational corporations are
able to transfer to offices within the United States from offices abroad.
The first step in applying for this type of non-immigrant visa is for
the employer to file a Form I-129, Petition for Non-Immigrant Worker with
U.S. Citizenship and Immigration Services (USCIS). For companies that
need to make a number of intracompany transfers from abroad, USCIS offers
the option of filing a blanket petition, which serves to expedite the
process. When USCIS approves the employer's petition, the employer
must then apply for the L-1B visa with the U.S. Embassy or U.S. Consulate
in his or her country of origin.
Who is eligible for an L-1B visa?
It is not enough for the transferring organization to meet the requirements
of U.S. immigration law - the employee must also meet the eligibility
qualifications for this type of visa. These requirements include working
for the company for at least one of the past three years immediately leading
up to the date of entry to the U.S. and planning to enter this country
with the purpose of providing services to the employer in a specialized
capacity. The worker must possess special or advanced knowledge of the
company's "product, service, research, equipment, techniques,
management," or other aspects of the company's operations. Whether
the employee holds a professional or non-professional position, his or
her services to the company must be an integral component of the company's
operations in the U.S.
An L-1B visa will allow the holder to remain in the United States for an
initial period of up to three years with the option to file for two-year
extensions up to a total stay of seven years. In cases of a worker traveling to the
U.S. for the purpose of establishing a new office for the company, the
stay is limited to a period of one year. The spouse and minor children
of an L-1B visa holder can apply for an L-2 visa, which permits them to
stay for as long as the transferee is in this country.
Ohio immigration attorney from Robert Brown LLC can assist both the employee and the employer with
the application, and we encourage you to
contact us now for a consultation to begin the process.