L-1B “specialized knowledge” visa category

L-1B visa category allows certain “intracompany transferees” to enter and work in the U.S. for a qualifying employer if  he or she “has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.”  See Immigration and Nationality Act § 214(c)(2)(B).

The Employer, the Petitioner; must demonstrate the specialized knowledge nature of the Beneficiary’s foreign and proposed U.S. work. Also provide sufficient evidence that the Beneficiary possesses the education, training, and employment experience for the offered job.

The Petitioner bears the burden of demonstrating eligibility for the requested benefit by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010)

A petitioner seeking to employ an L-1B intracompany transferee must demonstrate:

  • for at least one continuous year in the three years before a Beneficiary’s initial U.S. admission in nonimmigrant status – the petitioner or its parent, branch, subsidiary, or affiliate employed the noncitizen abroad in a capacity that was managerial, executive, or involved specialized knowledge. Section 101(a)(15)(L) of the Act; 8 C.F.R. § 214.2(l)(3)(i), (iii), (iv). An L-1B
  • the petitioner must also establish that the beneficiary would be employed in a specialized knowledge capacity in the United States, and
  • the Beneficiary’s education, training, and experience qualify them for the offered job. 8 C.F.R. § 214.2(l)(3)(ii), (iv).

Specialized Knowledge:

A beneficiary serves in a specialized knowledge capacity if they have “a special knowledge of the company product and its application in international markets” or “an advanced level of knowledge of processes and procedures of the company.” Section 214(c)(2)(B) of the Act; see also 8 C.F.R. § 214.2(l)(1)(ii)(E) (defining the term “; specialized knowledge” as including special knowledge of a petitioner’s “product, service, research, equipment, techniques, management, or other interests and its application in international markets”).

Special Knowledge vs. Advanced Knowledge:

If claiming special knowledge of an organization’s products or services and its application in international markets, a petitioner must demonstrate that a beneficiary’s knowledge is distinct or uncommon compared to that of other similarly employed workers in the industry.

In contrast, if claiming an organization’s processes or procedures, a petitioner must establish that a beneficiary’s knowledge is greatly developed or further along in progress, complexity, and understanding compared to other workers in the organization’s operations.

Factors to consider that indicate the Beneficiary qualifies as a Specialized Knowledge worker:

The following factors may indicate a beneficiary’s possession of specialized knowledge:

  • They have been employed abroad in a capacity that has significantly enhanced their employer’s productivity, competitiveness, image, or financial position,
  • Their claimed specialized knowledge is normally gained only through prior experience with the petitioning organization,
  • They have knowledge of a product or process that cannot be easily transferred or taught to another without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education), or
  • They have knowledge of a process or product that, although not necessarily unique to the petitioning organization, either is sophisticated and complex, or of a highly technical nature.

When considering whether a job involves specialized knowledge, USCIS may consider any economic burdens that training another worker would entail and the listed knowledge that cannot be transferred to another without substantial training as a factor indicating specialized knowledge.

Petitioner besides showing that an offered job involves specialized knowledge, an L-1 petitioner must demonstrate that a beneficiary’s “prior education, training, and employment qualifies them to perform the intended services in the United States.” According to USCIS policy, this demonstration of the amount and type of training, work experience, and education required to develop a beneficiary’s knowledge is one of several factors that may be considered in determining whether the knowledge is specialized.” 2 USCIS Policy Manual L.(4)(B)(2), n.4.

If your company is transferring staff either under L-1A (Executive/Manager) or L-1B (Specialized knowledge) contact our USA Vancouver Immigration lawyers. We have provided this service for a decade and are collaborating with a group of experts with over 20 years of experience in this field.

YA Law Corporation

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