US Visa UAE - L1B Visa UAE
The L1B non-immigrant classification enables a US employer to
transfer a professional employee with specialized knowledge relating to
the organization’s interests from one of its affiliated foreign offices
to one of its offices in the United States. This classification also
enables a foreign company which does not yet have an affiliated US
office to send a specialized knowledge employee to the United States to
help establish one.
To qualify for L1 classification in this category, the employer must:
- Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
Also to qualify, the named employee must:
- 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 render services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means 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 expertise in the organization’s processes and procedures. (See 8 CFR 214.2(l)(1)(ii)(D).) Such knowledge is beyond the ordinary and not commonplace within the industry or the petitioning organization. In other words, the employee must be more than simply skilled or familiar with the employer’s interests.
The L1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L1B employees who will be stationed primarily at the worksite of an unaffiliated employer. In order for the employee to qualify for L1B classification in this situation, the petitioning employer must show that:
- The employee will not be principally controlled or supervised by the unaffiliated employer; and
- The work being provided by the employee is not considered to be labor for hire for the unaffiliated employer
See INA 214(c)(2)(F) and Chapter 32.3(c) of the USCIS Adjudicator’s Field Manual, available from the "Laws" tab at the top of this page for further details.
For foreign employers who are seeking to send an employee with specialized knowledge to the United States in order to be employed in a qualifying new office, it must also be shown that:
- Sufficient physical premises to house the new office have been secured; and
- The employer has the financial ability to remunerate the employee and begin doing business in the United States
See 8 CFR 214.2(l)(3)(vi) for details.
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 L1B 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.
The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L2 non-immigrant classification and, if approved, generally will be granted the same period of stay as the employee. If these family members are already in the United States and seeking change of status to or extension of stay in L2 classification, they may apply collectively, with fee, on Form I-539. Spouses of L1 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the L2 spouse may work.
Certain organizations may establish the required intracompany relationship in advance of filing individual L1 petitions by filing a blanket petition. In order to establish eligibility for blanket L certification, the employer:
- And each of the qualifying organizations must be engaged in commercial trade or services
- Must have an office in the United States which has been doing business for one year or more
- Must have three or more domestic and foreign branches, subsidiaries, and affiliates
- Must meet one of the following criteria
- Along with the other qualifying organizations, have obtained at least 10 L1 approvals during the previous 12-month period; or
- Have US subsidiaries or affiliates with combined annual sales of at least $25 million; or
- Have a US work force of at least 1,000 employees.
In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional. See 8 CFR 214.2(l)(1)(ii)(E).
See 8 CFR 214.2(l)(4) and 8 CFR 214.2(l)(5) for more details.The approval of a blanket L petition does not guarantee that an employee will be granted L1B classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.