If you are a Human Resources Manager or business owner and you want to transfer a foreign employee with special skills to your U.S. office, there is a visa option for available. An L-1B visa allows a foreign corporation, affiliate, subsidiary or parent company of a U.S. company to transfer an employee with “specialized knowledge” to work temporarily in the United States. In this article, I will discuss how your employee can qualify for an L- 1B visa.
As a cross-border immigration lawyer based in Windsor, Ontario and serving clients in the Detroit, Michigan area, I help U.S. employers transfer specialized knowledge workers to their American offices and assist foreign employees in obtaining L-1B status.
General Qualifications of L-1B Workers
For your foreign employee to qualify for an L-1B visa, these criteria must be met:
- There must be a qualifying relationship between the foreign and U.S. office;
- The worker must have worked in a position involving specialized knowledge;
- The worker’s employment abroad must have been at least for at least one continuous year within the last three years before submitting the L-1B petition;
- The worker must be entering to the United States temporarily to work for the U.S. branch, subsidiary, affiliate or parent of the company abroad;
- The worker must work in the same specialized knowledge capacity; and
- The foreign worker must have the qualifications for the job, which includes prior education, training, and employment.
Qualifying Relationship Between the Foreign and U.S. Company
To transfer your L-1B employee, there must be a qualifying relationship between the foreign company and the U.S. company. A qualifying relationship has two aspects:
- The company in the United States is a parent, branch, affiliate or subsidiary of the foreign company; and
- The United States and foreign companies conduct business.
Qualifying Organizations
A qualifying organization can include the following.
- A parent company is defined as a corporation, firm or other legal entity that has subsidiaries.
- A subsidiary is a firm, corporation, or other legal entity of which a parent controls and owns (directly or indirectly) at least part of the entity. A subsidiary may also include a company that is owned (directly or indirectly) 50 percent of a 50-50 joint venture and has equal control and veto power over the entity.
- A branch is an office or division of the company that operates in a different location.
- An affiliate can mean one of two subsidiaries which are both owned and controlled by the same parent or individual. It can also mean “one of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity.” Lastly, there are special provisions involving accounting services partnerships which may qualify them as affiliates under the regulations.
Conducting Business
The qualifying organizations must regularly and systematically provide goods or services. The mere incorporation of a business, the existence of an agent or an office location is not sufficient. It must be established that the enterprises are active.
The Specialized Knowledge Requirement
For your employee to qualify as an L-1B specialized knowledge worker, they must have specialized knowledge, which can mean one of the following:
- Knowledge of your company’s products, services, research, equipment, techniques, management, or other interests and its application in international markets; or
- An advanced level of knowledge or expertise of your company’s processes and procedures.
Special Knowledge
It must be established your employee’s knowledge is distinct or uncommon from the knowledge held by similarly employed workers in the same industry. In other words, it is not sufficient to have special qualifications or essential skills, it must be demonstrated that your employee’s knowledge is distinct or uncommon. This is done by comparing the L-1B transferee’s knowledge, training, and experience with that of other company employees and other individuals working in the field. Also, you would need to explain how the L-1B employee acquired their specialized knowledge. Further, it will have to be established that your L-1B employee’s specialized knowledge cannot be readily imparted to other employees. Some valid reasons for why specialized knowledge cannot be readily imparted are if substantial training or an extensive work history is needed to obtain the specialized knowledge. Evidence of how the specialized knowledge was acquired would need to be presented to explain why such knowledge cannot be easily taught.
Further, for your employee to prove that they have specialized knowledge, the following would need to be specified:
- The nature of your company’s products and services; or
- The processes, procedures, and the nature of your specific industry or field, and the nature of your employee’s knowledge.
Lastly, to establish specialized knowledge, you would need to include supporting evidence describing your company, its products, technologies and services, the nature of the specialized knowledge and how it is differentiated within the industry.
Advanced Knowledge
Your employee may qualify for an L-1B visa based on advance knowledge. “Advanced knowledge” is when your employee has knowledge or expertise of your company’s processes and procedures that is greatly developed or further along in progress, complexity, and understanding in comparison to other workers in your company. Documentation and other relevant proof will be needed to show that this employee’s knowledge is beyond the standard knowledge of your other employees. Similar to the specialized knowledge standard stated above, advanced knowledge would be established by comparing the L-1B transferee’s knowledge to others working in similar positions within the organization in terms of their duties, internal training and experience.
A Minimum of One-Year of Continuous Foreign Employment Within the Last Three Years
It is required that your foreign employee worked for the company abroad for at least for one continuous year within the last three years in the specialized knowledge position before entering the United States in the proposed U.S. specialized knowledge role. If the employee that would you like to be classified as a L-1B specialized knowledge employee is already working for the U.S. company in another immigration status (e.g. TN or H-1B status), you may still apply to change their status to L-1B so long as, before entering the United States to work for your company, they worked for your company abroad in the specialized knowledge position for at least for one continuous year in the three years before entering the United States. The one continuous year within the three years before entry into the United States requirement can met even if the employee has been working for your company in the United States for several of years.
The L-1B Transferee Must Work in the Same Specialized Knowledge Capacity
While it is not required that the L-1B transferee be employed in the exact same job as abroad, the employee must be employed in a position where they are using their same specialized knowledge that they acquired and used abroad. Further, they may not work for any entity; they must work for the U.S. branch, subsidiary, affiliate or parent of the company abroad.
Qualified for the Proposed U.S. Specialized Knowledge Position
It must be established that the L-1B transfer is qualified for their positions in the U.S involving specialized knowledge. Presumably, the L-1B worker is qualified for the position which is why they are being transferred to work in the United States which is why they are being transferred in the first place. However, the L-1B petition should include the employee’s CV, diplomas, training certificates or other relevant document and information to establish that the transferee meets the job requirements for the U.S. position. In short, it should not be assumed that a consular or USCIS will know that the worker is qualified. The transferee’s qualifications should be clearly established.
Applying for an L-1B Visa
General Application Process
Applicants typically apply through USCIS. When applying through USCIS, there is no interview. Therefore, it is important to prepare a strong petition to address all possible doubts. Also, no original documents are submitted; applicants only need to submit photocopies of the relevant documents. If USCIS need additional information or have doubts about the petition, they may issue a Request for Evidence where they explain how the petition is deficient. Further, there is a list of documents or information that you may provide to resolve the USCIS officer’s doubts. There is a deadline which must be met. If the Request for Evidence is not responded to by the deadline, the officer will decide based on the information that they have, which will likely be a denial.
Once approved, the L-1B applicant and schedule and attend an appointment at the U.S. consulate in their home country where they will interview for the visa. If the applicant establishes the consular officer’s satisfaction that the L-1B visa applicant qualifies, they will be issued the visa, which they can use to enter the United States.
While a consular officer usually defers to USCIS’ decision, they can still make their own decision and, if there are inconsistencies or other red flags, the visa can still be denied. Therefore, it should not be assumed that visa approval is guaranteed; there should be carefully preparation for this stage of the process. For planning purposes, the consular officer will take the applicant’s passport to insert the visa. It may take one to three weeks to receive your passport with the visa. Therefore, it is advisable for your employee to wait until they receive the visa before they make any travel plans.
Application Process for Canadians
Canadian employees can apply for a L-1B visa for the first time at a port-of-entry or through USCIS. If applying at a port-of-entry, an appointment may have to be scheduled in advance. It is recommended that the port-of-entry where the employee plans to apply is contacted in advance to determine whether an appointment is required. Further, some port-of-entry have optimized L visa processing. The application process can take anywhere from thirty minutes to a couple of hours at a border crossing or many take a few hours at the airport depending on how busy it is. Therefore, it is recommended that the employee arrives early and anticipate that the process will take some hours. Applying in-person involves the L-1B worker taking two copies of the petition and original supporting documents (if applicable) and answering the CBP officer’s questions. Once the L-1B worker answers the CBP officer’s questions to their satisfaction, they will be approved and can enter the United States on L-1B status. Similar to consular process, the CBP officer has discretion and may deny entry is there are inconsistencies
Canadians can also apply with USCIS if they are in Canada and they want approval before entering the United States. This would involve preparing the L-1B visa petition, sending it to USCIS while the employee is still in Canada and once approved, they can take their approval notice to enter the United States. Please note that USCIS and CBP are two different agencies, and while they often defer to each other’s approval, they have no obligation to honor the decisions of the other agency and can make their own determination. This means that just because USCIS approves a L-1B petition, CBP may still deny entry if they do not think that you qualify.
L-1B Visa Fees
As far as costs of obtaining a L-1B visa, for small employers, the Form I-129 filing fee is $695 USD and the Asylum Program Fee is $300 USD. For nonprofits, the Form I-129 filing fee is $695 USD and they are exempted from paying the Asylum Program Fee. For regular employers, the Form I-129 filing fee is $1,385 USD and the Asylum Program Fee is $600 USD.
Your company may have to pay an additional $500 USD, which is the Fraud Prevention and Detection if:
- You are filing for the initial approval of an L visa petition;
- You are filing a petition to employ an L visa worker currently working for another petitioner; or
- For a blanket petition, you are filing the petition for your employee to work for a different entity.
Lastly, an additional $4,500 USD may be payable if
- Your company is required to pay the Fraud Prevention and Detection fee;
- Your company employs more than 50 or more individuals in the United States; and
- More than 50 percent of your U.S. employees are in H-1B, L-1A or L-1B nonimmigrant status.
If you would like a response (not necessarily an approval) from USCIS in fifteen business days, you can pay a premium processing of $ $2,965 USD. For normal processing time, it can take from three to six months. Given the longer wait times when applying through USCIS, Canadians generally apply at a port-of-entry. For renewing a L-1B visa, all applicants, including Canadians, must renew through USCIS; they are not able to renew with CBP.
Frequently Asked Questions About L-1B Visas
Can family members accompany the L-1B employee?
An L-1B worker’s spouse (through a legally recognized marriage) and minor children under the age of 21 can accompany the worker; they will have L-2 visa status. Their spouse will be able to work for any U.S. employer. Their children will be able to go to school but will not have any work authorization.
How many times can an L-1B visa be renewed?
In general, an L-1B visa is valid for three years initially and can be renewed once for a two-year period. Once the five year period has ended, the worker will need to return to their home country and wait a year before they are eligible to apply for an L-1B visa again. However, as discussed below, if the L-1B employee remains only occasionally works in the United States, then the L-1B visa can be renewed indefinitely. Further, if promoted to an executive or manager, the L-1B stay can be extended to seven years; this is also addressed below.
Does the L-1B transferee have to live in the United States?
There is no requirement that the L-1B transferee reside in the United States after being approved. In fact, if L- 1B employee:
1. Does not continually reside in the United States;
2. Has seasonal or intermittent employment, or works less than six months a year; or
3. Lives abroad and commutes to the United States to engage in part-time employment.
Then the five-year limit does not apply and the L-1B visa can be extended indefinitely.
Can an L-1B worker’s stay be extended beyond five years?
If qualified, an L-1B employee can be promoted to a managerial or executive position and, after six months of employment in this position, they may be eligible to stay in the United States for seven years. A petition would need to be filed with USCIS to approve the extension of stay. However, if the employee leaves the United States, they would have to obtain a visa to return.
How can an L-1B worker stay in the United States? Are they eligible for a green card?
Additional steps must be taken for the L-1B worker to obtain permanent residence. If the employee worked in an executive or managerial position for a branch, affiliate or parent company abroad of the U.S. entity for at least one continuous year before entering the United States, they may qualify for an L-1A visa, which can establish their qualifications for EB-1C, which grant them permanent residence. If the employee is extraordinary in their field, they may qualify for EB-1A. If you are unable to find qualified U.S. workers for the position, the L-1B employee may be petitioned for the EB-2 or EB-3 PERM process. If the L-1B employee has a proposed endeavor with substantial merit and national importance and can establish that they are well positioned to advance the proposed endeavor, they may qualify for an EB-2 National Interest Waiver (NIW). However, the benefits of the employee’s endeavor would have to extend beyond your company and your immediate clients. You may be able to petition you for an H-1B visa and start the PERM process for you. The best path for obtaining permanent residence depends on the employee’s individual qualifications and circumstances.
Can an L-1B specialized knowledge employee work as a manager?
If the employee is using their specialized knowledge for the position, then yes, they may work as a manager. Strategically, if you are uncertain whether your employee will qualify as an L-1B specialized worker and you are willing to employ them as a manager in the United States, you may discuss with immigration counsel whether to employ your worker as a manager abroad for a year and then transfer them to the United States with an L-1A visa.
Is there a minimum the L-1B worker must be paid?
While there is not a prevailing wage determination (i.e. the U.S. Department of Labor officially telling an employer how much they must pay an employee), the salary should be consistent with what workers in the professional are normally paid. If the worker is paid too low, the L-1B petition may be refused.
Can an L-1B visa worker have the intention to immigrate?
In U.S. immigration law, we refer to visas as two different types. Non-immigrant visas and dual intent visas. For non-immigrant intent visas, someone may only be issued a visa if they do not intend to permanently reside in the United States. For dual intent visas, applicants may express and intent to reside in the United States and still be eligible. L visas are dual intent visa, this means that an L-1B employee may have demonstrated immigrant intent and can still qualify.
Does an L-1B employee need to maintain a residence abroad?
There is no requirement that an L-1B transferee maintain a permanent residence that they have no intent to abandon. Whether they keep their foreign residence is their own personal decision.
Can a worker who currently has a TN visa switch to an L-1B visa?
Some of your TN visa employees may also fulfill the qualifications for an L-1B visa. If your TN visa employee worked for a branch, parent, affiliate and subsidiary abroad in a specialized knowledge position for at least one year within the three years before working for your the U.S. company, then they may qualify for an L-1B visa. The benefits of this are that, with an L-1B visa, your employee’s spouse will be able to work. Also, because an L-1B visa is a dual intent visa, it may be easier to petition the employee for permanent residence since the filing of certain forms may indicate that the employee has an intent to immigrate.
Contact a Windsor-Detroit Immigration Lawyer for L-1B Assistance
As a Canada-U.S. cross-border immigration lawyer based in Windsor, Ontario and serving clients in the Detroit, Michigan area, I help U.S. employers transfer specialized knowledge workers to their American offices and assist Canadian employees in obtaining L-1B visas.
Contact me today for assistance with your L-1B visa petition and intracompany transfer needs.
Last Updated on March 14, 2026 by Ernest J. Edwards