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.
An Ohio immigration attorney from Brown Immigration Law 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.