The L-1 Visa Intra-Company Transferee is available to employees of multi-national companies who are being transferred to a parent, subsidiary, branch, or affiliated company in the US.
The L-1B visa may be used to transfer a specialized knowledge employee who has been employed abroad by the qualifying organization for one continuous year in the three years preceding admission to the U. Does a qualifying relationship exist between the U. Will both the foreign company and the U. S company remain open, active and viable for the entire duration of the employment in the U.L1A Visa Interview Questions, Tips and FAQs
Has the employee been employed overseas by the transferring organization for at least one year within the past three years? The L1B visa category allows multinational companies to transfer specialized knowledge professional employees from abroad to related entities in the U. Specialized knowledge does not apply to persons who have general knowledge or expertise, which enables them merely to produce a product or provide a service.
The Beneficiary must either have special knowledge OR advanced knowledge. The L1B has a maximum validity of 5 years. L1B status can be granted for up 3 years initially, and if eligible, the L1B employee can obtain a 2-year extension.
In order to extend status beyond the 5th year, the L1B employee can change to another nonimmigrant work visa status like L1A, H1B, or O1, if eligible.
In filing the L1B petition, proving that the foreign national possesses specialized knowledge is often the most difficult hurdle. L1B employers should consider the following pointers in trying to prove specialized knowledge. The employer, in its supporting letter, should describe each element necessary for establishing eligibility. H1B or L1B? As opposed to the H-1B, there is no annual quota or cap for the L1, which means there is no lottery either.
In order to ensure approval, it is important, wherever possible, to demonstrate that the foreign national does in fact possess the described specialized knowledge. Things to remember:. The regulations limit the availability of the full seven years of L-1A status for someone originally admitted in L-1B status to where a promotion occurs from a specialized knowledge position to a managerial or executive position.
Specifically, the regulations read:. When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive how to check land registry online india for at least six months to be eligible for the total period of stay of seven years.
The change to managerial or executive capacity must have been approved by USCIS in an amended, new, or extended petition at the time that the change occurred. This provision caused some concern among immigration advocates because there were denials in the past at some USCIS.With a L1 VISA you will be able to work in the US at a managerial or executive level for the same employer for whom you are working here. Information such as the types of L1 VISAthe application process, the cost incurred for it, how to proceed for renewals, the limitations and also the preparation for the interview can be provided to you on the wisdomjobs page.
Go through all the information available and make your dream of going to the US a reality. Our experts have prepared the L1 VISA interview questions and answers that will help you to pass through the interview process.
Question 1. Answer : The L-1 visa is one of the most useful nonimmigrant visas available to employees of foreign companies. The purpose of the L-1 visa is to facilitate the transfer of key employees to the United States from companies that are affiliated with or related to United States corporations. Nationals of all countries are eligible, provided the specific qualifications for the visa are satisfied. Question 2. Answer : Yes.
Like the H-1B, the L-1 visa does not preclude the person from seeking lawful permanent residence while pursuing or being present in the United Sates on an L-1 visa. Question 3. Answer : A U.
Question 4. Answer : I forms should be filed with either the Vermont Service Center or the California Service Center, depending on the location of employment. When the foreign national will be employed in multiple locations, the state in which the employer is located will determine whether the I form is filed with the VSC or CSC. Question 5. Answer : There are two types of employees who may be sponsored for L-1 visas:. Such personnel are issued an L-1A visa, initially for a three year period extendible in two year increments to a maximum of seven years.
Staff in this category is issued an L-1B visa, initially for three years extendible to a maximum of five years.
Question 6. Answer : The L-1A visa has duration up to seven years for managers and executives and L-1B up to five years for persons of specialized knowledge. The duration of stay is issued for an initial period of three years and may be extended for additional periods. The immigration rules permit an L-1 specialized knowledge employee to extend stay to the seven-year limit if the specialized knowledge employee had actually been performing executive or managerial duties for the preceding six months prior to the extension request, and the USCIS had been notified of the change of duties through the filing of an amended petition.
In the case of a new office, the visa is issued for one year and extensions are possible.The L-1B nonimmigrant classification enables a U. The L-1 Visa Reform Act of applies to all petitions filed on or after June 6,and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an of an employer other than the petitioning employer or its affiliate, subsidiary, or parent.
In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that:. For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:.
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.
Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.
If approved, there is no specific restriction as to where the L-2 spouse may work. Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition.
Eligibility for blanket L certification may be established if:. The approval of a blanket L petition does not guarantee that an employee will be granted L-1B classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States without having to file an individual petition with USCIS. In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional.
See 8 CFR Canadian citizens, who are exempt from the L-1 visa requirement, may present the completed Form IS and supporting documentation to a U. If the prospective L-1 employee is visa-exempt, the employer may file the Form IS and supporting documentation with the USCIS Service Center that approved the blanket petition, instead of submitting the form and supporting documentation directly with CBP. While the business must be viable, there is no requirement that it be engaged in international trade.
To qualify, the named employee must also: Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that: The employer has secured sufficient physical premises to house the new office ; and The employer has the financial ability to compensate the employee and begin doing business in the United States.
Canadians with an approved blanket petition seeking L-1 classification Canadian citizens, who are exempt from the L-1 visa requirement, may present the completed Form IS and supporting documentation to a U.The L1B visa definition of specialized knowledge is quite subjective, and can be confusing for companies wishing to take advantage of this US L1 visaso it can be difficult to meet the requirements for the L1B specialized knowledge worker visa.
All L1B visa applicants must have spent at least 1 year in the past 3 years outside of the US working for the overseas office of the business outside the US.
L1B visas are initially granted for 3 years if transferring the employee to an existing US office or 1 years if opening a new US office extendable to a maximum of 5 years. Many would assume that any worker with many years of specialist experience would have specialized knowledge.
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While this may be true, it is not enough to meet the L1B definition of specialized knowledge. It used to be the case that the US authorities only considered those with proprietary knowledge relating to their company such as knowledge of a unique product or service to have specialised knowledge. This is no longer the case, but such proprietary knowledge is likely to help an application.
For those without such proprietary knowledge applications are likely to be closely scrutinised. This means the petitioning organisation must give ample evidence that the employee's specialized knowledge is sufficiently distinguishable from others in the company and the industry at large.
Please note that due to the subjective nature of L1B Specialized Knowledge this is not an exhaustive list. If you are unsure what evidence to provide please contact us:. Details of any special training the employee has undertaken, which sets them apart from other employees with similar levels of experience. These details should:.
Describe the training program, including duration and completion dates, and number of hours spent in training.
L1B Visa for Specialized Knowledge Workers
Details of any patents held by the petitioning organisation thanks to the employee's specialized knowledge. Details of any published material in trade or professional journals which indicate the employee's specialized knowledge. Details of the employee's specialized knowledge job role used to support the application.
Explain how the specialized knowledge required for the position is unique or unusual within the company and industry. Explain the product, service, research, system, proprietary technique, management task, or procedure the role relates to. Explain how long it would take for an employee to gain the specialized knowledge needed for the role, including training and experience. Explain how the employee's work has enhanced the company's productivity, financial position, competitiveness, PR, and so on.
Attempting to Define Specialized Knowledge for L1B Approvals
L1B visa duration L1B visas are initially granted for 3 years if transferring the employee to an existing US office or 1 years if opening a new US office extendable to a maximum of 5 years.Under the L-1 category, certain types of employees of multinational corporations may be transferred to related companies in the United States.
However, the L-1 category, especially when it comes to L1B specialized knowledge workers, is a confusing area of immigration law that sometimes scare away multinational companies that may otherwise stand to benefit from its use. The L1B category is reserved for employees of multinational companies.
The L1B candidate must have worked for the related foreign employer in a specialized knowledge, managerial, or executive position for at least one continuous year out of the past three years. Further, the foreign worker must be coming to the United States to work in a specialized knowledge capacity. More information about the L-1 category can be found in the MurthyDotCom articles. However, specialized knowledge has been interpreted to mean something quite different, generally requiring the demonstration of skills and knowledge specific to the company itself, which can be more difficult to pin down.
Specialized knowledge also includes those employees who have an advanced level of knowledge of processes and procedures of the company. These sources reference employees who are key, uniquely qualified, and possess knowledge that is sufficiently complex and not generally found in the particular industry.
Determining the level and significance of the company-specific knowledge held by an employee is inherently a subjective task, which gives adjudicators wide discretion in L1B cases.
Even if an employer views a particular worker as indispensable, possessing highly specialized skills and knowledge, this must be communicated effectively to the USCIS or the consulate, so that the adjudicating officer is less likely to view the employee as just another typical worker with an easily replaceable skillset.
The USCIS has long-since abandoned the position that specialized knowledge is limited to employees who possess proprietary knowledge of the petitioner. There are cases, on occasion, that appear to be straightforward; for example, the inventor of a patented and proprietary device, who is being transferred to the United States to perform engineering services on that invention, who seems to be a strong candidate for making a specialized knowledge case.
In practice, however, most employees do not present such ironclad cases. Rather, L1B petitions often involve employees whose expertise lie in more widely available areas. It may be possible to obtain approvals of L1B petitions filed on behalf of employees whose specialized knowledge involves something relatively conventional, such as third-party applications.
The L1B remains a viable option for appropriately selected employees of multinational companies. Employers must be ready to prove the level of specialized, company-specific knowledge held by these employees. Selecting a key employee as a potential L1B candidate is only the starting point. It is not enough for an employer to know that the employee has a high level of specialized knowledge; the USCIS must understand what distinguishes this employee through clearly articulated legal and factual arguments and appropriate evidence.
This can be challenging, and often requires the assistance of an attorney experienced in this area of U.Not a MyNAP member yet? Register for a free account to start saving and receiving special member only perks. I n this chapter, the panel considers issues of design and development of key methodological aspects of the Agricultural Resources Management Survey ARMSfocusing on the sample frame for ARMS, the foundation and implementation of the multiphase stratified sample design of the survey program, and the design and development of the survey questionnaire.
In summary, ARMS is executed in three distinct but interrelated phases. Each phase is complicated; together they form a complex mosaic of question variations, differing modes of administration, and tailored sample designs to represent the different populations covered. All of these factors must be considered jointly in the overall design process. The Phase I survey screening survey serves to screen a standing list of farms for commodities of interest, as well as for whether or not the farm is in business.
It is commodity-specific and has up to 48 state-specific versions so as to avoid asking respondents about commodities not usually grown in their areas. It employs phone, web, and mail data collection modes.
The Phase II survey production practices survey covers the use of chemicals, fertilizers, and pesticides and has from one to four versions of. It has only one collection mode: personal interviews via face-to-face contact.
The sample for this phase is drawn from both the list frame also the source of sample units for Phases I and IIand an area frame using a sample selected from eligible farms identified in an annual June area survey. Every five years it is integrated with the Census of Agriculture. It incorporates several modes of data collection face-to-face, telephone, mailout-mailback with face-to-face follow-up for the mail nonrespondents, and, soon to come, the Internet.
Each phase of the survey operations is a survey design challenge in itself. When combined in one program, they pose an intricate, interwoven series of design challenges that must be addressed holistically. It is useful to consider those challenges in light of sampling and questionnaire design goals, such as minimizing respondent burden, minimizing cost, and ensuring compatibility among the pieces and across time.
In a survey with so many phases and lengthy questionnaires on highly technical topics, the issue of respondent burden is pressing. These observations have several implications.
One is that the survey suffers from both item nonresponse—that is, missing values of variables—and from unit nonresponse—that is, entirely missing observations in at least one phase. Another consequence is that there has been a conscious effort. Office of Management and Budget, The decision to avoid repeat visits limits the ability of the survey to follow farms longitudinally.
As discussed later in this chapter, ARMS employs a special sampling routine called Perry-Burt or P-B, see below to reduce the likelihood that a farm will be selected for another survey in the survey year or the ARMS survey two years in a row.
A further result is that the scope of the survey is circumscribed beyond what analysts consider desirable.Do you want to write a survey questionnaire, but need a little guidance on the right questions to use? Our pre-written survey templates make it easy to pick through a series of questions, understand the difference between open questions and closed questions, build your survey, and start collecting data in minutes.
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