L-1B Visa Attorney Services

Without the proper legal services, attempting to navigate the intricacies of the L-1B visa can be challenging.

Fortunately, an L-1B visa attorney can be an excellent resource in obtaining this specialized classification for your employees. Along with the information below, you’ll better understand the process and what it takes to petition for this visa successfully.

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The Basics

What Is An L-1B Visa?

Also known as the Intracompany Transferee Specialized Knowledge Classification, The L-1B visa is a non-immigrant classification that enables U.S. employers to transfer professional employees with specialized knowledge of the company’s interests from an affiliated foreign office to one of its U.S.-based offices.

Additionally, this visa allows a foreign company that does not have an affiliated U.S. office to send a specialized knowledge employee to the United States to aid in its establishment.

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Quick Processing For L-1B Visas

Waiting periods can be one of the largest hurdles most petitioners face when seeking a transfer to the United States. 

Employers seeking to bring employees abroad with an L-1B visa can pay the United States Citizenship and Immigration Services (USCIS) premium processing fee for a guaranteed decision within 15 calendar days. If you need to transfer your employee (s) on a tighter deadline, an L-1B visa attorney can guide you through the petition process.

If you decide not to file for premium processing, you can expect a decision from immigration services in 60 days or more.

L-1B Visa To Green Card Processing Time

Processing times and fees associated with transitioning from an L-1B visa to permanent residency vary depending on the specific path chosen and the USCIS’s current application load. 

On average, the best-case scenario for an L-1B visa holder transitioning to a green card is at least one year and eight months

One of the most common transitions for the L-1B visa is the EB-2 green card. This visa qualifies employees who fall within the advanced-degree and exceptional ability subcategories to apply for permanent residency status.

When it comes to processing times, an L-1B visa attorney can review the process and guide you through requirements and need-to-know information.

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Other Considerations For The L-1B Visa

The L-1B visa comes with its share of benefits and challenges. Immigration attorneys are trained to navigate the process and can help you understand this visa type in more depth for a smooth experience from start to finish. 

The benefits of an L-1B visa include:

  • Path To Residency: As previously covered, this is a dual-intent visa. This opens up the opportunity for beneficiaries to apply for permanent residency in the United States (a green card).
  • Employees May Bring Family To The United States: The transferring employee may be accompanied by their spouse and unmarried children under 21 years of age. These family memes may seek admission via the L-2 non-immigrant classification.
  • Eligible Work Status For Spouses: L-2 dependent spouses become eligible to apply for work authorization in the United States.

Some challenges employers and employees should consider when seeking an L-1B visa include:

  • High Scrutiny For Employers: The USCIS routinely requests additional information for managerial transfers into the United States. This can be frustrating to organizations and employees alike. 
  • Difficult For Small And New Businesses: The L-1B visa requirements state that organizations must be established entities abroad. Smaller businesses will oftentimes face more difficulty and scrutiny than larger, more established businesses.
  • Only Available To Multinational Companies: Organizations that do not operate in multiple countries do not qualify for the L-1B visa for their employees. However, you may still qualify if you intend to send an employee on an L-1B visa to establish a new branch in the United States.
  • Strict Employment Requirements For Employees: While on an L-1B visa, employees cannot seek employment with other organizations unless the new employer is willing to petition for a separate visa. 

An L-1B attorney can help you review these requirements and determine whether your employees are eligible for L-1B visa status.

What Are The L-1B Visa Requirements?

To qualify for this classification, certain L-1B visa requirements must be met by the employer and employee. 

 Employers must:

  • Have a relationship with a foreign company that falls under a “qualifying organization” status—parent company, branch, subsidiary, or affiliate—and also:
  • Currently be, or will be at some point, doing business as an employer within the U.S. and in at least one other country directly or through a qualifying business for the duration of the L-1 beneficiary’s stay in the U.S.

What does ‘doing business’ mean? Eligible business practices include regular, systematic, and continuous provision of goods or services, or both, by a qualifying business. The presence of an agent or office in the United States without proper operation does not qualify as doing business. 

To meet L-1B visa requirements, the employee must:

  • Have been working for the eligible organization abroad for one continuous year within the three years immediately preceding their admission to the United States, and;
  • Be entering the United States with the intent to provide specialized knowledge to a branch of the same employer or one of its qualifying businesses.  

What is specialized knowledge? L-1B visa requirements state that the employee must offer specialized knowledge to be eligible for this classification. Specialized knowledge is defined as advanced-level insights or expertise in the organization’s product, services, research, equipment, techniques, management, or other interests as they apply to international markets, and processes and procedures.

A consultation with an L-1B visa attorney is the best way to understand these requirements and ensure you have all the documentation necessary as well as meet the criteria to petition for an L-1B visa.

Speak With A Trusted L-1B Visa Attorney 

Don’t let the challenges of the L-1B visa stop you from applying. Navigate the process with experienced attorneys from Path Law Group.

Founded by immigrants, we empathize with the legal and emotional challenges prevalent within the U.S. immigration system and use our two decades of collective experience to guide you through it.

Contact us today and learn more about our L-1B attorney services.