L-1B Visa: Demonstrating Specialized Knowledge
The L-1B visa is a non-immigrant visa that allows employers to transfer foreign employees to their U.S. offices. The U.S. company and the company abroad must have a qualifying relationship, and the employee to be transferred must possess specialized knowledge and must be coming to the U.S. to use their specialized knowledge in a position requiring such expertise. Understanding the concept of “specialized knowledge” is crucial to successfully navigating the L-1B visa process. In this article, we explore the concept of “specialized knowledge,” specifically, what specialized knowledge means and how you can demonstrate specialized knowledge.
What Is Specialized Knowledge?
The U.S. Citizenship and Immigration Services (USCIS), considers that an individual has specialized knowledge if they possess special knowledge of the company’s product, service, equipment, research, management practices, techniques, and other interests. Specialized knowledge can also mean advanced knowledge or expertise in the company’s procedures and processes. The employee’s specialized knowledge must go beyond common industry skills, making their expertise vital to the company’s operations and difficult to find in the local labor market.
How To Demonstrate Specialized Knowledge
Demonstrating that a foreign employee possesses specialized knowledge is one of the main requirements for the L-1B visa. Establishing that an employee has specialized knowledge requires certain documentation. It requires:
- The foreign employee’s training, salary, or other employment records.
- A letter from the company abroad;
o describing the employee’s role and responsibilities
o identifying which aspects involved in the employee’s job require specialized knowledge;
o explaining how the employee’s expertise qualifies as special or advanced;
o stating the least amount of time needed to acquire this knowledge;
o explaining the specific knowledge needed to do the job and how the knowledge compares to that of others in similar roles within the organization and industry
- Excerpts of training manuals or programs to show the complexity of the job position.
- Evidence of the employee’s education and training.
- Proof of reduced costs, increased sales, or other tangible benefits attributable to the employee’s specialized knowledge.
- Performance evaluations or appraisals highlighting the employee’s expertise and the unique skills they’ve developed while working for the employer.
- Organizational charts showing the employee’s position within the company and how their expertise is vital for the company.
- Letters from industry experts describing the distinctive or unusual nature of the employee’s knowledge.
- Proof that the employee is a member of a professional association in the areas of specialized knowledge (if applicable).
Combining several of the above documents provides strong evidence of specialized knowledge and provides for a strong L-1B visa application.
Many L-1B visas are denied because of insufficient or vague descriptions of foreign employees’ skills and experience. Thorough documentation, and clear explanations are crucial to the success of an L-1B visa application.
Contact a New York Business Immigration Lawyer
Transferring an employee from a foreign company to a U.S. office can be complex. Our skilled New York City business immigration lawyer at The Law Offices of Elsa Ayoub, P.L.LC., can help you navigate the complex legal process. Contact us today to schedule a consultation.
Source:
uscis.gov/working-in-the-united-states/temporary-workers/l-1b-intracompany-transferee-specialized-knowledge
