L-1B Visa: Intra-Company Transfer for Specialized Employees Explained

The L-1B visa is a non-immigrant visa specifically designed for employees within international companies who possess specialized knowledge relevant to their organization’s operations.

Part of the L1 visa class, the L1-B visa is designed to facilitate the transfer of employees with specialized and hard-to-obtain knowledge.

Unlike the L1-A visa, the applicant does not need to have significant executive responsibility.

At Deel Immigration, we have worked with numerous companies worldwide to facilitate employee transfers to the US through the L-1B visa.

Here, we’ll explore the specifics of eligibility, the application process, and what makes this visa distinct from other options for living and working in the US.

What is the L-1B visa?

The L-1B visa is a visa designed specifically for employers to enable them to transfer employees with specialized knowledge to the US. The employee transfer must be from an organization affiliated with the original company.

The visa also allows foreign companies that are currently doing business in the United States or intend to do business in the US to move specialized individuals to their subsidiaries in the US.

If you’re a foreign national, your employer may be able to help you obtain an L-1B visa to establish a business in the United States.

Who qualifies for the L-1B visa?

To qualify for the L-1B visa, the applicant must have worked for the employer at a subsidiary, parent, affiliate, or branch office of their organization outside the US for at least one continuous year within the three years preceding the application.

The employer is only eligible to file for the visa if it has a qualifying relationship with the destination organization, such as a parent company, subsidiary, branch, or affiliate.

The employer will also be judged on whether they are currently doing business or intend to do business in the United States and at least one other country during the beneficiary’s stay in the US.

The applicant can successfully get the L-1B visa if they fall within the following categories of employees:

• A data analytics consultant
• A graphic designer
• A DEI specialist
• A structural engineer
• A patent lawyer with sector expertise

A significant factor for eligibility is that the sponsoring entity should be able to argue that it would be challenging to source local talent and that transferring existing expertise would be significantly beneficial.

Suppose the candidate or employer wants to check visa eligibility before creating an employment contract. In that case, they can do that with Deel’s Immigration platform, which allows you to run a visa eligibility check in seconds.

Alternatively, schedule a call with a Deel Immigration expert to establish the best visa route for you or a potential new hire.

What is considered ‘specialized knowledge’ for an L-1B visa?

‘Specialized knowledge’ refers to knowledge that is unique to the company and not widely known within the industry. It involves an advanced understanding of the company’s products, services, or operations, and is not easily transferable to another individual.

In the words of the US Citizenship and Immigration Service (USCIS), specialist knowledge includes “either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.”

Specialized knowledge, therefore, has two components:

• In-depth understanding of a company’s systems, procedures, or technology
• Knowledge that would be extremely costly and time-consuming to transfer from individual to individual

How long can someone stay in the US on an L-1B visa?

If the applicant is coming to establish a new branch office in the US, the L-1B visa allows them to stay for a maximum period of one year, after which they are expected to leave the US or seek other ways to extend their visa.

However, if the applicant is coming as a specialized employee and not to establish a branch office, the L-1B visa allows them an initial three-year stay in the US, after which they are eligible to request a two-year extension, totaling a five-year maximum stay.

To ensure the applicant and their family maintain legal status in the US, Deel Immigration provides timely reminders and alerts for upcoming visa renewal or extension deadlines. Additionally, we can handle all future applications for the visa holder, including continued support to become a US citizen via the green card route for permanent residence.

See also: Easy Visa Renewal: 4 Steps for Enterprise Workforce.

How does the L-1B visa benefit a company/employer?

The L-1B visa benefits both the employer filing the petition and the employee who is being transferred. It is one of the few US visas that benefits everyone involved.

Transfer employees with specialized knowledge

The L-1B visa allows companies to transfer employees with specialized knowledge to their US operations, enhancing productivity and growth. This transfer can include employees who are experts in the company’s products, services, research, systems, proprietary techniques, management, or procedures.

Set up a US office

This allows a company to set up a US office quickly by importing staff who already have the in-depth knowledge to commence operations in a timely manner. It further enables the growth or diversification of existing US businesses by transferring talent from overseas.

Promote cultural sharing

The L-1B visa further promotes cultural sharing and collaboration by removing boundaries to international cooperation. This helps US businesses benefit from international talent, wherever it may be found, further enhancing a company’s competitiveness.

How does the L-1B visa benefit an employee?

No educational requirement

Compared to other visas, the L-1B visa is greater because the employee does not need to prove academic qualifications. There is no educational requirement for L-1B visa holders. All they need is proof from their employer that they possess specialized knowledge.

Stay for 5 years

The L-1B visa allows holders, as a specialized employee, to live in the US for up to five years. Although the visa initially enables holders to stay for three years, they can extend it for two more years, resulting in a five-year stay.

Contact our Deel L-1B visa experts to help you with your L-1B visa extension processing.

Dependents are welcome

L1-B visa holders can enjoy the L-2 benefit and bring their dependents to live with them. It means dependents will come to the US on an L-2 visa, which is valid for the same duration as the L-1 visa.

The dependents, should they qualify for an Employment Authorization Document, are permitted to work legally in the US and contribute to the L-B visa holder's household income.

Contact us so our immigration professionals can help secure work authorization for dependents.

Can pursue permanent residency

The biggest advantage of the L-1B visa is the provision that allows visa holders to seek US permanent residency. Because the L-1B visa is regarded as a Dual Intent visa, holders of the visa are legally allowed to apply for permanent residency.

So, if the L-1B visa holder wants to seek permanent residency for themselves and their dependents, they are allowed to do so under the law. Learn how Deel can help with obtaining permanent residency in the US.

What to consider before applying for the L-1B visa

Although the L-1B visa may be a simpler visa to apply for compared to other visa options, the application process can be very challenging. There are a few things to research before applying for the L-1B visa.

L-1 Blanket petition option

For employers, the most significant benefit of an L-1B visa is the L-1 blanket petition option. With the blanket petition, employers can save on visa fees and application fees.

The blanket petition applies to companies that employ at least 1,000 employees or have generated $25 million or more in the US. For this reason, employers can file and pay for a single petition for multiple employees instead of filing and paying for separate petitions for individual employees.

Employers of large corporations are the biggest beneficiary of this option, as they can transfer multiple employees without incurring significant costs.

Employers can leave the blanket petition filing to our experts at Deel Immigration.

Travel restrictions

Applicants are generally advised not to travel outside the United States during the L-1B visa processing period. However, if they choose to travel, they should ensure that they travel with a travel document.

Traveling without a travel document, may cause difficulties when re-entering the US.

Entrepreneurship restriction

The L-1B visa may restrict employees from working as entrepreneurs. L-1B visa holders are prohibited from launching or starting a company in the US while on an L-1B visa. They are also restricted from working for another company that isn’t the employer that filed the L-1B petition. The visa will be revoked if the holder fails to follow this rule.

However, if you are seeking a means to establish a company in the US as an entrepreneur, you should contact us. To learn more about how we can help you, take a look at how Deel helped a Canadian founder launch his business in New York City

Must be a multinational company

Before an employer begins an L1-B petition for an employee, it must confirm that it’s a multinational corporation. If it isn’t, it will be unable to file an L-1B petition. This means that large corporations without an US office or plans to create one in the future aren’t allowed to file for an L-1B visa.

However, small businesses are exempt from this restriction because they are too small to have subsidiaries, branches, or offices outside their primary location.

Can L-1B visa holders apply for a green card?

Yes. L-1B visa holders can legally apply for a green card (permanent residency). The L-1B is a dual-intent visa, allowing holders to pursue permanent residency without affecting their L-1B status.

The benefit of this approach is that the L-1B visa allows the employee to live and work in the United States for up to three years, with additional years possible upon renewal.

This allows them to establish a base and become familiar with US culture and customs. It may also enable them to bring their spouse and/or children over via the L-2 non-immigrant visa, which can be applied for and granted concurrently with an L-1B application.

The journey from an L1 visa to an EB1C green card is a two-step process, which the immigration lawyer can manage:

• Filing of Form I-140 (Immigrant Petition for Alien Worker)
• Filing of Form I-485 (Application to Register Permanent Residence or Adjust Status)

Oftentimes, both forms can be submitted concurrently. The process can take up to 12 months to complete.

Deel offers a range of US visa and green card options for foreign employees and their dependents, including the O-1A Visa, EB-2 NIW green card, and more. Our immigration team has extensive knowledge of the U.S. Citizenship and Immigration Services (USCIS) guidelines and Department of Homeland Security requirements.

How does an L-1B visa facilitate global hiring and managing a global workforce?

The L-1B visa supports global hiring by enabling the transfer of specialized knowledge employees to the US, ensuring essential knowledge is available regardless of location.

Through the L-1B visa, a company can hire foreign employees inside and outside the US without too much hassle. Specialized individuals will enjoy the opportunity to work with foreign companies that need their skills and knowledge.

This visa category helps organizations build a global workforce by facilitating the cross-border transfer of knowledge and skills. It provides an established route to long-term residency and employment and a relatively secure path to obtaining a green card, which encourages skilled foreign workers to relocate.

If you are an employer, you can tap into Deel’s global talent pool to hire talented individuals with specialized knowledge from anywhere in the world. You can learn more from how Deel helped CBIP Logistics scale global hiring in weeks through its global talent pool.

See also: A Guide to Finding Global Talent

What is the process to obtain an L-1B visa?

The employer must first file a Form I-129, Petition for a Nonimmigrant Worker, with the US Citizenship and Immigration Services (USCIS). This petition must demonstrate the employee’s specialized knowledge and the qualifying relationship between the foreign and US offices.

Upon approval, the employee can apply for the visa, which involves an interview at a US embassy or consulate and the payment of set fees. During an immigration interview, the employee is required to provide evidence of their responsibilities, specialist knowledge, and job offer.

The applicant must also show they can contribute unique knowledge and abilities to the organization’s office or function in the United States.

With Deel Immigration, the L-1B visa application process is seamless. Deel’s legal team and attorneys will handle all the paperwork, facilitate consular visa stamping, and provide dedicated one-on-one support for the applicant and any accompanying family members.

Watch our on-demand webinar: US work visas. You’ll learn how to secure US work visas efficiently to get your team operational in the US in a fraction of the time. Watch now.

What are the legal and compliance considerations for L-1B visas?

Companies must ensure the employee has specialized knowledge and that there is a qualifying relationship between the US and foreign entities. Compliance with wage legislation and working conditions is also crucial to avoid penalties.

Specialized knowledge verification

The employer is expected to demonstrate beyond any reasonable doubt that the employee for whom they’re petitioning possesses specialized knowledge. They will do this by providing sufficient information regarding the employee’s work history.

The petition will only be accepted if the US Citizenship and Immigration Services believes that the employee in question is an individual possessing specialized knowledge. They may also be able to secure an approval if the employer can prove that they faced difficulty in hiring locally for the position.

Employment history documentation

Employers must keep accurate records of their employees’ duties for the organization, their work schedule, and, most importantly, their payroll records to avoid legal issues during the petition and in the future.

Employers may need to submit these documents when filing the L-1B petition. Employers can automate this process through Deel Immigration services.

Wage legislation compliance

The USCIS expects employers to comply with existing wage laws in the US. They must not default on payments to their employees and must prove that they are capable of paying their employees in the US.

Employers should be aware of other wage legislation compliance. Contact one of our experts to assist you today, or learn more through the US Department of Labor regulations.

How can a company demonstrate an employee’s specialized knowledge for an L-1B Visa application?

A company can demonstrate specialized knowledge by providing detailed descriptions of the employee’s unique expertise, including organizational charts, training records, and evidence of how their knowledge benefits the US operation.

Here are some typical examples of evidence that might prove pertinent:

Detailed job descriptions and responsibilities

The applicant can provide comprehensive documentation of their job role, highlighting tasks and responsibilities that require specialized knowledge unique to the company. This might include a breakdown of complex projects they’ve led or specialized processes they manage.

Proof of advanced training and certifications

Documents showing that the applicant has undergone specific training courses or achieved certifications that are not commonly available in the industry. These should be directly relevant to the specialized knowledge they possess and use in their role.

Evidence of contributions to key projects

The applicant can present case studies or summaries of significant projects where their specialized knowledge was essential. This could include innovations they introduced, complex problems they solved, or specialized equipment they operate that is critical to the company.

Internal and external recognition

Awards, recognitions, or testimonials from colleagues and industry peers that specifically acknowledge the applicant’s expertise and contributions. This could also include publications or presentations at industry conferences where they shared their specialized knowledge.

Proprietary knowledge documentation

Evidence that the applicant has in-depth knowledge of proprietary tools, technologies, systems, or methods developed by their company. This could be demonstrated through patents, proprietary software they helped develop, or internal documentation that outlines processes they have mastered or contributed to significantly.

These pieces of evidence effectively illustrate the depth and uniqueness of the applicant’s knowledge, supporting their L-1B visa application.

With Deel Immigration, preparing evidence is easy. Deel will onboard the applicant onto the user-friendly platform. They’ll be assigned a case manager and asked to provide their personal details and upload any supporting documentation to the platform. Depending on the visa type, this may include a passport, petitioner documents such as articles of incorporation, and visa-specific documents, including funding, press coverage, and a business plan.

Family and dependent information

Families and dependents of L-1B visa holders are eligible for numerous benefits through the L-2 visa. If employees are on an L-1B visa, they can help their dependents secure an L-2 visa, giving them access to jobs, extended stay, and other public benefits.

L-1B visa holders are allowed to come to the US with their spouse, who has been approved for an L-2 visa, and unmarried children below the age of 21.

Once their stay is approved, their spouse only needs to complete Form I-9, Employment Eligibility Verification, to begin working legally in the United States.

According to the reviewed rules, as of 2022, dependents are no longer required to apply for an Employment Authorization Document, but they may still do so, as it is also admissible in filing for a work permit.

Dependents will also need to apply for an extension at the same time as the L-1B visa holders' stay period expires. They can apply collectively after paying the fee using Form I-539, Application to Extend/Change Status.

Deel provides an easy framework and can help L-1B visa holders file for work authorization for their dependents. Speak to a Deel Immigration expert today.

Differences between an L-1A and an L-1B visa

The L-1A and L-1B visas allow for intracompany transfers and are aimed at fostering the growth of the global workforce. However, there are clear distinctions between the two visa types and who they cater to.

The L-1A visa is designed for employers to transfer executives and managers responsible for overseeing the company’s operations from its foreign offices, affiliates, or subsidiaries to their office(s) within the United States.

On the other hand, the L-1B visa is designed for employees who possess specialized knowledge essential to their company’s products, services, or operations but do not hold executive or managerial positions within the company.

Furthermore, the L-1A visa allows managers and executives an initial stay of one year, which can be further extended by two years, until they reach the maximum stay period of seven years.

Meanwhile, the L-1B allows the employee and their dependents an initial stay period of one year, which is extendable by two years, until they reach a maximum stay period of five years, upon which they will leave the US or seek other options for staying in the US.

Extending or modifying the L-1B Visa

L-1B visa holders can extend their stay and modify their L-1B visa. However, it’s a tedious process that requires some know-how. Here are a few things to know when extending or modifying the L-1B visa:

Criteria for extension

The main criterion for requesting an extension of the L-1B is expiration. If the holder wants to remain in the US, they should start filing for an extension before their visa’s validity expires.

After the status validity period expires, the holder is allowed to seek permanent residency in the US. Thanks to the L-1B's dual intent nature, this means that after the holder has exhausted the maximum stay period of the visa, they can apply for permanent residency.

Typically, the visa holder should begin filing as early as four months before the visa’s validity expires. Deel immigration professionals know how to help fast-track the visa extension process.

Changing employer

There is a very strict restriction on L-1B visas regarding employers, as the employer is tied to the L-1B visa. For this reason, the holder is unable to work with anyone else besides their employer, or else, they’ll need to file for a new L-1B visa.

This is due to the requirement that the visa holder have worked with the employer for at least one year of the last three years preceding the L-1B visa petition. However, if the new employer is in a qualifying relationship with the current employer, the visa holder may be able to apply for a change to their L-1B status.

Changing job role (modifying when job duties change)

If the visa holder received a promotion to a managerial or executive role, they are expected to apply for modifications to their L-B status with the USCIS. The visa holder must send a notification to the USCIS through an amendment to the L-1 petition.

Doing this means that they may be upgraded from the L-1B visa, which allows for a maximum five-year stay, to the L-1A visa, which enables a maximum seven-year stay.

Furthermore, an L-1A visa makes it easier to apply for permanent residency. Let Deel Immigration help you with your job role amendment today.

When and how to file for L-1B visa extension

The visa holder should begin filing for an L-1B extension at least 4 months before their visa expires. The Form I-94 will typically show when the L1-B status is about to expire. Through this, the holder can begin their petition for extension of L-1B status.

To file for an extension, the visa holder must ensure the following:

• They are still employed with the employer
• The L-1B status hasn’t expired
• The employer must be doing business or intends to do business in the US

The applicant should have the following documents in hand when filing for an extension:

• Completed I-129, Petition for Nonimmigrant Worker, filed by the employer
• Employer report supporting extension claim
• Letter of employment or W-2 form
• Proof of qualifying relationship (financial statements, articles of incorporation, etc.)
• Completed I-797 approval notice form

After the employer submits the I-129 form to USCIS, the next step is to pay the required fees. Then wait until the USCIS sends a Request for Evidence, which the applicant must to respond to.

After responding to the Request for Evidence (RFE), the last and final step is to wait for the USCIS decision. If the applicant needs to travel outside the US and re-enter, they may need to schedule an appointment at the US Embassy or Consulate for visa stamping.

Fast-track your US visa with Deel Immigration

Deel Immigration is transforming the immigration process. It offers candidates and employers a premier experience that blends cutting-edge technology with a human touch, ensuring a transparent and smooth immigration journey.

Deel’s user-friendly platform offers self-serve functionality, an application status timeline, real-time status updates, access to a dedicated case manager, and exclusive relocation services, keeping you well-informed and supported at every turn.

Connect with the Deel immigration team today to expedite your visa process for yourself or a team member.

Schedule your free consultation today.