L-1B Visa: A comprehensive guide

Law firm for international law in Kerpen and Witten

International law | Strong partner for US visa applications

L-1B Visa

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

In an increasingly globalized world, professional mobility and international business activities are becoming more and more important. Companies wishing to transfer their employees between international locations are often faced with complex visa procedures. The L-1B visa offers a valuable opportunity to facilitate this process. This comprehensive guide explains the L-1B visa in detail, including the requirements, the application process and the role of a Lawyer. Finally, an FAQ answers frequently asked questions and a conclusion summarizes the most important points.

L-1B visa, employment visa, work visa USA, intra-company transferee, visa application

The L-1B visa

1. what is an L-1B visa?

The L-1B visa is a nonimmigrant visa specifically designed for employees of multinational companies who have specialized knowledge and are to be transferred to a U.S. subsidiary. It differs from other work visas such as the H-1B visa in its specific requirements and focus on intra-company transferees.

Differentiation from other visa types

Unlike the H-1B visa, which is designed for a broad range of highly skilled workers, the L-1B visa focuses on employees who have specialized knowledge of the company's products, services, research, systems or management. This knowledge must be essential to the company's competitiveness, growth and profitability.

The L-1B visa

2. requirements for an L-1B visa

Requirements for the employee

To apply for an L-1B visa, the employee must:

  • Period of employmentHave worked for the multinational company outside the U.S. for at least one year in the last three years.
  • Specialist knowledgeHave specialized knowledge that is crucial for the US branch.

Requirements for the employer

The employer must:

  1. Multinational company: Be a qualified multinational company.
  2. Proof of expertiseDemonstrate that the employee has specialized knowledge and that this knowledge is essential to the success of the US subsidiary.

Qualification criteria

Specialized expertise often includes in-depth knowledge of company processes, products or services that cannot be easily learned or replaced. This knowledge includes:

  • Technical expertiseUnique technical knowledge that cannot be acquired through general training.
  • Proprietary informationKnowledge of proprietary technologies or systems of the company.
  • Company-specific processesDetailed understanding of processes that are unique to the company.

The L-1B visa

3. the application process for an L-1B visa

Step-by-step instructions

  • Preparation of documentsGather all the necessary documents and information.
  • Submission of the applicationSubmit the application to the US Citizenship and Immigration Services (USCIS).
  • Processing of the application: Wait for processing and any queries from the USCIS.
  • InterviewThe employee may be required to complete an interview at the U.S. Embassy or Consulate.
  • Obtaining the visaAfter successful processing, the visa will be issued.

Important deadlines and time frames

The processing time for an L-1B visa can take several months. It is therefore important to allow sufficient time to prepare and submit the application. Some companies can use Premium Processing to speed up the process.

Necessary documents and forms

Documents to be provided

  • Proof of employment abroadEvidence that the employee has worked for the multinational company for at least one year.
  • Documentation of special expertiseDetailed evidence of the employee's specialized knowledge.
  • Company documentsFor example, annual reports, annual reports that demonstrate the multinational nature of the company.
  • Passport of the applicantA valid passport.
  • Proof of the business relationshipDocuments proving the business relationship between the international locations.

Forms to be completed

  • Form I-129 (Petition for a Nonimmigrant Worker)Application for a non-immigrant work visa.
  • Form I-797 (Notice of Action)Confirmation of receipt and status of the application.
  • DS-160 (Online Nonimmigrant Visa Application)Online form to apply for a non-immigrant visa.
L-1B visa, employment visa, work visa USA, intra-company transferee, visa application

The L-1B visa

4. common challenges and how to overcome them

Potential problems and solutions

  • Proof of special expertiseIt is crucial to provide detailed and well-documented evidence. This may include training certificates, professional articles, participation in special projects or internal assessments.
  • Processing timeUse Premium Processing, if available, to speed up the process.
  • Document complexityEnsure that all documents are correct and complete to avoid delays.

Practical examples

A successful applicant could be a highly skilled engineer who works for a technology company and has unique knowledge of a proprietary product. Another example could be a marketing expert who has a deep understanding of specific market strategies that have made the company successful.

The L-1B visa

5. the role of the lawyer in applying for an L-1B visa

Advantages of legal representation

  • ExpertiseLawyers have extensive knowledge of visa processes and can optimize the application.
  • EfficiencyYou can speed up the process and avoid potential errors.
  • SecurityLawyers can guide you through complex legal requirements and ensure that all criteria are met.

Success stories and testimonials

Several clients have reported that the attorney support was crucial to the successful receipt of their L-1B visa. For example, through legal advice, an international IT company was able to submit the necessary documentation accurately and completely, resulting in a speedy approval.

The L-1B visa

6. FAQ (Frequently Asked Questions)

What is the main difference between an L-1A and an L-1B visa?

The L-1A visa is intended for executives and managers, while the L-1B visa is intended for employees with specialized knowledge. Both visa types enable intra-company transfer, but have different criteria and requirements.

How long is an L-1B visa valid for?

An L-1B visa is initially valid for up to three years and can be extended for a further two years, i.e. up to five years in total.

Can the spouse of an L-1B visa holder work?

Yes, the spouse of an L-1B visa holder can apply for an Employment Authorization Document (EAD) and work in the United States.

What happens if my visa application is rejected?

If your visa application is rejected, you can submit a new review or a new application. It is advisable to understand the reasons for the rejection and seek legal advice if necessary.

Can I change my status from an L-1B visa to another visa?

Yes, it is possible to change status from an L-1B visa to another visa, such as an H-1B or permanent resident visa (green card). However, this requires an additional application and fulfillment of the relevant requirements.

What costs are associated with the L-1B visa application?

The cost of an L-1B visa includes application fees, premium processing fees (if used) and possibly attorney fees if you seek legal assistance.

Is there a quota or annual limit for L-1B visas?

No, unlike some other visa categories, there is no annual limit or quota for L-1B visas.

How long does the entire application process take?

The entire application process can take several months, depending on USCIS processing time and the availability of premium processing.

Which documents are decisive for the proof of special expertise?

Crucial documents include professional certificates, internal company assessments, project documentation and evidence of training and special courses that the employee has completed.

Can I change my employer while I have an L-1B visa?

No, the L-1B visa is tied to the original employer. A change of employer would mean the loss of L-1B status and requires a new visa application.

L-1B visa, employment visa, work visa USA, intra-company transferee, visa application

The L-1B visa

7. case studies

To better illustrate the application and benefits of the L-1B visa, we can look at several case studies. These examples show how different companies and employees have used the L-1B visa to achieve their international business goals.

Case study 1: Technology company - transfer of a highly qualified engineer

Company: A global technology company with headquarters in Germany and various branches worldwide, including a large branch in the USA.

Employees: Max, a highly qualified engineer who has been working for the company in Germany for five years.

Specialized knowledge: Max has in-depth knowledge of a proprietary software product of the company that is to be launched in the USA.

Application of the L-1B visa:

  1. Preparation: The company collects evidence of Max's expertise, including internal project reports, training certificates and recommendations from superiors.
  2. Application: A Lawyer assists in compiling the required documents and filing the Form I-129 with the USCIS.
  3. Interview: Max conducts a successful interview at the US Embassy in Berlin.
  4. Receipt of the visa: After three months, Max receives the L-1B visa and can move to the USA to manage the software project.


Result: Max's transfer enables the company to successfully launch the new product in the USA, leading to significant sales growth.

Case study 2: Pharmaceutical company - transfer of a research and development specialist

Company: A multinational pharmaceutical company with headquarters in Switzerland and a large research and development facility in the USA.

Employees: Dr. Sarah, a researcher who has been working in the Swiss laboratory for seven years.

Specialized knowledge: Dr. Sarah has specific knowledge of a new proprietary drug formulation that is scheduled to enter the clinical trial phase in the US.

Application of the L-1B visa:

  1. Preparation: The company is compiling detailed evidence of Dr. Sarah's research, publications and patent applications.
  2. Application: An experienced Visa lawyer assists with the submission of the application to the USCIS.
  3. Processing time: By using Premium Processing, the company receives feedback within two weeks.
  4. Interview: Dr. Sarah successfully completes an interview at the US Embassy in Bern.
  5. Receipt of the visa: Dr. Sarah receives the L-1B visa and moves to the USA to supervise the clinical trial phase.


Result: Dr. Sarah's transfer leads to a successful completion of clinical trials and rapid approval of the drug by the FDA.

Case study 3: Automotive industry - transfer of a production process expert

Company: A leading global car manufacturer with headquarters in Japan and several production facilities in the USA.

Employees: Taro, a production process expert who has been working for the company in Japan for ten years.

Specialized knowledge: Taro is an expert in an innovative production process that significantly improves the efficiency and quality of vehicle assembly.

Application of the L-1B visa:

  1. Preparation: The company collects evidence of Taro's expertise, including internal reports, production data and performance evaluations.
  2. Application: The application is submitted with the support of a Visa lawyer filed with the USCIS.
  3. Processing time: Processing takes four months.
  4. Interview: Taro successfully completes an interview at the US embassy in Tokyo.
  5. Receipt of the visa: Taro receives the L-1B visa and moves to the USA to implement the new production process.


Result: The new production process leads to a significant reduction in production costs and an improvement in product quality, which gives the company a competitive advantage.

Case study 4: Financial services - transfer of an IT security expert

Company: A multinational financial services company headquartered in the UK with a major office in New York.

Employees: Emily, an IT security expert who has been working for the company in the UK for four years.

Specialized knowledge: Emily has in-depth knowledge of the company's proprietary IT security infrastructure, which is to be implemented in the USA.

Application of the L-1B visa:

  1. Preparation: The company is compiling evidence of Emily's expertise and its role in the development of the IT security infrastructure.
  2. Application: With legal support the application is submitted to the USCIS.
  3. Processing time: Due to the complexity of the documentation, processing takes five months.
  4. Interview: Emily conducts a successful interview at the US Embassy in London.
  5. Receipt of the visa: Emily receives the L-1B visa and moves to New York to manage the IT security projects.


Result: Emily's transfer significantly improves the IT security of the US branch, leading to a reduction in security incidents and increased customer confidence.

The L-1B visa

8 Conclusion

The L-1B Visa offers a valuable opportunity for the transfer of employees with specialized expertise between international company locations. However, the process can be complex and time-consuming, emphasizing the need for legal representation. With professional assistance, you can ensure that your application meets all requirements and that you achieve your professional goals in the US.

The mobility of skilled workers is of great importance for multinational companies in order to increase their competitiveness and efficiency. The L-1B visa allows companies to move their specialized employees seamlessly between international locations. Despite the complexity of the application process and the strict requirements, the L-1B visa thus offers a valuable opportunity for companies and employees alike.

With the right preparation, detailed evidence and, if necessary, legal support, you can successfully navigate the process. Companies can ensure that their valuable talent is deployed where it is needed most and employees can take advantage of their career opportunities in the USA.

This guide is designed to serve as a comprehensive resource to help you understand and successfully navigate the L-1B visa application process. Use the information and tips to maximize your chances of a successful application.

Do you need legal support in applying for an L-1B visa?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

Logo BAUMFALK - Law Firm - White

Main office - Kerpen
Mr. Patrick Baumfalk, attorney at law
Main street 147
50169 Kerpen
Germany

Branch office - Witten
Mr. Patrick Baumfalk, attorney at law
Berlin street 4
58452 Witten
Germany

Our cooperation partner in the USA, FL, Merritt Island, Spacecoast and Miami, USA:

Mr. Alexander Thorlton, Esq. - German American Real Estate & Immigration Law Center, LLC

Privacy | Imprint

Web design & SEO from Baumfalk Services

en_USEnglish
de_DEDeutsch fr_FRFrançais es_ESEspañol tr_TRTürkçe it_ITItaliano pl_PLPolski nl_NLNederlands sv_SESvenska ro_RORomână bg_BGБългарски ru_RUРусский en_USEnglish