After reading the L1B visa overview and gaining a general idea of what an L1B visa petition is, the next step is to learn about what a professional with specialized knowledge of a multinational company would need to provide as evidence to prove that they are qualified for an L1B work visa.
The article below provides a brief overview of what the L1B visa requirements are looking for and what documents are usually submitted for each requirement.
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In an L1B visa petition, it must be shown that (1) the U.S. sponsoring employer must be a parent company, subsidiary, affiliate, or branch of the overseas company, (2) the U.S. sponsoring employer must be or will be doing business as an employer in the United States and in at least 1 other country either directly or through a qualifying organization for the duration of the L1B visa, (3) the person worked for the overseas company as a manager, executive, or a professional with specialized knowledge for at least 1-year within the 3-year period prior to filing the L1B visa petition, and (4) the person is qualified to work as a professional with specialized knowledge for the U.S. sponsoring employer.
The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement.
The U.S. sponsoring employer must be a parent company, subsidiary, affiliate, or branch of the overseas company
The L1B visa petition requires the overseas company that the person worked for be the same company as the U.S. sponsoring employer (i.e., branch of the U.S. company) or its other business entities (i.e., parent, affiliate, subsidiary). The U.S. sponsoring company and the overseas company must have a qualifying corporate relationship at the time the L1B visa petition is filed. However, the qualifying corporate relationship does not need to have existed throughout the L1B visa workers required 1-year overseas work experience.
There are four main types of qualified relationships under the L1B visa petition: the U.S. company (1) is the same company as the overseas company, (2) is the parent company of the overseas company, (3) is the subsidiary of the overseas company, and (4) is the affiliate of the overseas company.
To determine whether a qualified relationship exists between the U.S. sponsoring employer and the overseas employer, the amount of ownership and control between the two employers will be looked at. Ownership is the right to possess the assets of a legal entity with absolute power and control. Control is the right to direct the management, establishment, and operations of a legal entity. Licensing relationships or franchises are generally not qualified corporate relationships under the L1B visa petitions.
Parent Company
A parent company is a legal entity that has subsidiaries.
Subsidiary Company
A subsidiary company under the L1B visa petition is a legal entity of which a parent company owns directly or indirectly by having:
- (1)
- More than half of the entity and controls the entity
- (2)
- Half of the entity and controls the entity
- (3)
- 50 percent of a fifty-fifty joint venture and has equal control and veto power over the entity
- (4)
- Less than half of the entity but in fact controls the entity
＊Control here means the right and the authority in directing the management and operations of a business entity
Affiliate Company
An affiliate company under the L1B visa petition is a legal entity that is:
- (1)
- One of two subsidiaries both of which are owned and controlled by the same parent or individual
- (2)
- One of two legal entities owned and controlled by the same group of individuals, with each individual owning and controlling approximately the same share or proportion of each entity
- (3)
- Firms that operate under the same internationally recognized corporate name even if they are actually separate entities (For example, an internationally recognized name of an accounting firm used by international management consulting firms or firms marketing accounting services can be considered as affiliates)
＊Control here means the right and the authority in directing the management and operations of a business entity
Branch
A branch is an operating office or division of the same organization in different physical locations. A branch is not a separate business entity.
Documents to Prepare (Qualified Relationship Between the U.S. Sponsoring Employer and Foreign Employer)
Commonly used documents to prove that a qualified relationship exists between the U.S. sponsoring employer and the overseas employer under an L1B visa petition includes but is not limited to:
Evidence that shows the ownership and control of the foreign employer can include but is not limited to:
Documents from U.S. employer:
- Most recent Securities and Exchange Commission Form 10-k of the U.S. employer or its parent entity (it should list all U.S. and foreign affiliates, subsidiaries, branch offices, and ownership percentage)
- Most recent federal tax returns of U.S. employer (it should include all schedules and attachments)
Documents from the foreign employer:
- Most recent foreign government agency filings and annual report of the foreign entity (it should list all parent companies, affiliates, subsidiaries, branch offices, and ownership percentage)
- Formation and governing documents of the foreign entity (it should include details of the formation, ownership and management)
- Meeting minutes of the foreign entity (it should list the shareholders and members, the type, amount, and percentage of shares, memberships owned)
- Stock purchase agreements of the foreign entity and its shareholders (should list the type, amount, and price of shares purchased)
- Share certificates issued by the foreign entity
- Stock ledger of the foreign entity (it should include all stock certificates issued, shareholders names, total shares sold)
- Documents from an appropriate foreign government agency that show the U.S. employer is authorized to operate as a branch office in that foreign country
- Current capitalization table or detailed owner list of the foreign entity (it should include the owners’ names, their ownership type and percentage)
- Franchise purchase agreement and documents that show the legal right and authority to direct the foreign entity’s management and operation
Documents from a foreign employer that is a non-profit organization:
- Bylaws or other governing documents of the foreign entity
- List of the foreign entity’s board of directors, board of governors, or board of trustees
- Documents listing the person or entity that has the right to possession or right to direct the disposition of the foreign entity’s assets
- Documents listing the person or entity that is fully or is the primary source in funding the foreign entity
- Documents on the right to appoint the foreign entity’s director or board member
Evidence that shows the ownership and control of the U.S. employer can include but is not limited to:
Documents from the U.S. employer:
- Most recent Securities and Exchange Commission Form 10-k of the U.S. employer or its parent entity (it should list all U.S. and foreign affiliates, subsidiaries, branch offices, and ownership percentage)
- Most recent annual report of the U.S. employer (it should list all parent companies, affiliates, subsidiaries, branch offices, and ownership percentage)
- Most recent federal tax returns of U.S. employer (it should include all schedules and attachments)
- Meeting minutes of U.S. employer (it should list the shareholders and members, the type, amount, and percentage of shares, memberships owned)
- Subscription or stock purchase agreements of U.S. employer and its shareholders (should list the type, amount, and price of shares purchased)
- Share certificates issued by the U.S. employer
- Stock ledger of U.S. entity (it should include all stock certificates issued, shareholders names, total shares sold)
- Bylaws and articles of incorporation of the U.S. employer (it should include all amendments, list of the type and amount of stock authorized to be issued by the U.S. entity)
- Operating agreement and articles of organization of the U.S. employer (it should include all amendments, list of member names, type, membership interest percentages issued by the U.S. entity)
- Partnership agreement and registration documents of the U.S. employer (it should include all amendments, partner names, type, partnership interest percentages, the extent of partners’ liabilities)
- Sole proprietorship registration documents of the U.S. employer (it should show the person operating it)
- Documents from a state agency showing the foreign employer have been authorized to operate as a branch office in the U.S. state where it is located
- Current capitalization table or detailed owner list of U.S. entity (it should include the owners’ names, their ownership type and percentage)
- Franchise purchase agreement and documents that show the legal right and authority to direct the U.S. entity’s management and operation
Documents from a U.S. employer that is a non-profit organization:
- Bylaws or other governing documents of U.S. entity
- List of the U.S. entity’s board of directors, board of governors, or board of trustees
- Documents listing the person or entity that has the right to possession or right to direct the disposition of the U.S. entity’s assets
- Documents listing the person or entity that is fully or is the primary source in funding the U.S. entity
- Documents on the right to appoint the U.S. entity’s director or board member
The U.S. sponsoring employer must be or will be doing business as an employer in the United States and in at least 1 other country either directly or through a qualifying organization for the duration of the L1B visa
The L1B visa requires that the U.S. sponsoring employer must be or will be doing business as an employer in the United States and in at least 1 other country either directly or through a qualifying organization for the duration of the L1B visa. Both the U.S. company and the overseas company must be actively doing business by providing regular, systematic, and continuous goods or services.
The U.S. company can qualify as “doing business” in the United States even when it is only doing business with its affiliates and subsidiaries. For example, the U.S. sponsoring employer can be qualified as doing business where it earns all its revenue from its subsidiary overseas and not from selling products directly to unaffiliated third-party customers. However, a mere presence of an office or an agent does not qualify as doing business.
Starting New U.S. Office
Foreign company’s sending professionals with specialized knowledge to the United States to start a new office must show that the physical premise of the new office is already secured and that it has the financial ability to pay the wage of the L1B visa employee and to begin doing business in the United States. The lease agreement for the U.S. office space should be for at least 1 year. Virtual office spaces or P.O. boxes cannot be used as for the physical premises.
A detailed business plan of the new U.S. office must be provided and it should include growth timelines, hiring plans, financial targets, market analysis, and business strategies. Other documents that show the amount of investment put into the new U.S. office, the secured physical premises of the office, the products or services of the business, and the planned staffing structure should also be provided.
Documents to Prepare (Multinational Company Doing Business)
Commonly used documents to prove that U.S. sponsoring employer is a multinational company that has been or will be doing business in the United States under an L1B visa petition includes but is not limited to:
Evidence that shows the employers doing business in the United States and at least 1 other country can include but is not limited to:
Documents from the foreign employer:
- Most recent annual report
- Tax documentation
- Audited financial statements
- Invoices
- Purchase orders
- Bills of lading
- Vendor, supplier, or customer contracts
- U.S. custom documentation
Documents from the U.S. employer:
- Securities and Exchange Commission Form 10-k
- Most recent annual report
- Federal and state income tax returns
- Audited financial statements (it should include balance sheets, statements of income and expenses)
- Major sale invoices (it should be able to support the gross sales amount in the income and expenses statements or the corporate income tax returns)
- Bank statements that show business activity
- Shipper’s export declaration, shipper’s export declaration for in-transit goods, or the electronic filing of export data from the Automated Export System
- Vendor, supplier, or customer contracts
- Third-party license agreements
- Loan and credit agreements
- U.S. Customs and Border Protection forms, Entry Summary and Customs Bond that shows business activity
Documents that show the activities to start a new U.S. office can include but is not limited to:
- Lease agreement or deed (should include total square footage of premises, photos of the premises, products and equipment)
- Documents that show the financial investments made by the foreign company
- Business formation documents (e.g., articles of incorporation, bylaws, business licenses)
- Detailed business plan (budgets, timelines, hiring plans, organizational hierarchy, market analysis, financial targets, business strategies)
The person must have at least 1 year of continuous full-time employment overseas with a qualified organization within the 3-year period immediately prior to filing the L1B visa petition
The L1B visa petition requires the person to have at least 1 year of continuous full-time employment overseas with a qualified organization within the 3-year period immediately prior to filing the L1B visa petition. The 1-year employment overseas must be a full-time job and there cannot be any breaks in employment during that 1-year period.
Only the days that the person is physically outside the United States can be counted towards the 1-year overseas employment requirement. Traveling to the United States for brief vacations or short periods of training, conferences, and similar activities on behalf of the company does not break the 1-year continuity in employment, however, those time spent in the United States cannot be counted towards the required 1-year employment.
Adjusted 3-year period
Typically, the 3-year period means the 3 years immediately before the date that the L1B visa petition was filed. However, if a person is already in the United States under a different qualified nonimmigrant visa (e.g., H1B visa or E2 visa) working for the qualifying organization, the 3-year period under the L1B visa petition can be adjusted to an earlier start date by not counting their time working in the United States.
If the person was in the United States under an F1 visa status (or on OPT), L2 visa status (i.e., L1 visa worker’s dependent family), not employed, or being employed with another unrelated company then there will be no adjustment to the 3-year period under the L1B visa petition. If the person has a more than 2-year break in employment with the qualifying organization, then a new full 1-year continuous employment with the qualifying organization will be needed and the previous periods of employment cannot be used.
Documents to Prepare (1-Year Overseas Employment Within the 3-Year Period Prior to Filing)
Commonly used documents to prove that the person was employed overseas for 1 year within 3 years of filing the petition under an L1B visa petition includes but is not limited to:
- Pay records of the L1B visa worker
- Personnel records of the L1B visa worker
- Training records of the L1B visa worker
- Letter from the L1B visa worker’s supervisor(s) that includes a description of the L1B visa worker’s work experience in the foreign entity
- Letter from the Human Resource Department (HR) that includes a discussion of the L1B visa worker’s work history in the foreign entity
The person’s 1-year continuous full-time employment overseas must have been in a position that involves specialized knowledge or is primarily managerial or executive
The L1A visa petition requires the person to have been in a position that involves specialized knowledge or is primarily managerial or executive during their 1-year continuous full-time employment overseas. The job position in the United States does not necessarily need to be the same job position held overseas. For example, a person who worked as a manager overseas is now transferring to the United States office to work as a professional with specialized knowledge.
Documents to Prepare (1-Year Overseas Work Experience)
Commonly used documents to prove that the person’s 1-year foreign employment was in a managerial or executive position, or a position that involves specialized knowledge under an L1B visa petition includes but is not limited to:
- Pay records of the L1B visa worker
- Personnel records of the L1B visa worker
- Training records of the L1B visa worker
- List of all the employees in the L1B visa worker’s immediate division, department, or team by name, job title, education level, salary, and summary of duties
- Organizational chart or diagram (it should include the entity’s structure, staffing levels, identification of the L1B visa worker’s job position)
For Foreign positions that involves specialized knowledge, additional evidence can include but is not limited to:
A letter from an authorized official of the foreign entity that includes:
- A description of the L1B visa worker’s position overseas, its specialized knowledge duties of the position abroad, and the percentage of time spent on each duty
- Explanation of how the knowledge or expertise was either “special” or “advanced”
- List the products, services, tools, research, techniques, equipment, management, procedures, or processes of the entity that required the specialized knowledge in the L1B visa worker’s job duties
- State the minimum time that is required to obtain this knowledge (this can include training and the actual experience after training completed)
- Explanation of the knowledge required to perform the duties of the position and how it compares to similar workers in the entity or industry
Other supporting documents that show the knowledge involved in performing the duties of the position was special or advanced should also be provided.
For foreign positions that are primarily managerial, additional evidence can include but is not limited to:
A letter from an authorized official of the foreign entity that includes:
- A description of the L1B visa worker’s managerial position overseas, its typical managerial duties, and percentage of time spent on each duty.
- How the L1B visa worker managed the organization, department, subdivision, function, or component of the entity.
- How the L1B visa worker made decisions regarding daily operations of the activity or function that the L1B visa worker oversaw.
- How the L1B visa worker controlled and supervised the work of other professional, supervisory, or managerial employees OR managed an essential function, department, or subdivision of the entity.
- If the L1B visa worker supervised other employees, then discuss whether the L1B visa worker had the authority to hire, terminate, or recommend other similar personnel actions (e.g., promotion, leave authorization). Performance reviews or appraisals done by the L1B visa worker for subordinate employees should also be provided.
- If the L1B visa worker did not supervise other employees, then discuss how the L1B visa worker functioned at a senior level in the organizational hierarchy or the managed function. Documents that show the specific function is critical or essential to the entity and the L1B visa worker was in a high-level position in the entity or in an elevated position towards the function managed should also be provided (it should include a detailed description of the L1B visa worker’s job duties managing the function compared to the non-qualifying day-to-day duties of the function).
For foreign positions that are primarily executive, additional evidence can include but is not limited to:
A letter from an authorized official of the foreign entity that includes:
- A description of the L1B visa worker’s executive position overseas, its typical executive duties, and percentage of time spent on each duty
- How the L1B visa worker directed the management of the organization, major component or function of the entity
- How the L1B visa worker established the goals and policies of the organization, function, or component of the entity
- How the L1B visa worker had wide discretion in making decisions
- Whether the L1B visa worker received only general direction or supervision from higher-level executives, board of directors, or stockholders of the entity
The person’s position in the United States must involve specialized knowledge
The L1B visa petition requires that the person must have a job offer for a position that involves specialized knowledge. The specialized knowledge under an L1B visa petition does not need to be unique or proprietary to the U.S. sponsoring employer but it must be either:
- (1)
- Special knowledge of the entity’s product, research, service, techniques, equipment, management, other interest and its application in the international marketplace (that is distinct or uncommon compared to what is usually seen in the industry OR within the entity)
OR
- (2)
- Advanced level of knowledge or expertise in the entity’s procedures or processes (that is greatly developed or further along in complexity, progress, and understanding than usually seen within the entity AND it is uncommon in the industry)
Specialized Knowledge Job Position Determination
To determine whether the job position involving specialized knowledge qualifies under the L1B visa petition, the factors listed below will be considered in totality:
- Financial inconvenience or disruption to the company if the person is not transferred to the U.S. office
- How the person will benefit the U.S. operations
- Whether there are employees in the United States performing similar job duties
- The difficulty of teaching or transferring the specialized knowledge to another employee
- Whether the salary given to the person is comparable to U.S. worker doing similar jobs
- If the U.S. operations actually need a job position that involves in specialized knowledge
Examples of specialized knowledge can include but are not limited to:
- Cultural knowledge of a certain way chefs cooks, present, and serve a traditional dish
- Knowledge that can only be obtained by working for the employer
- Knowledge of the foreign operating conditions that will benefit the U.S. employer
- Proprietary knowledge related to a product or process of the employer
- Knowledge related to a product or process that cannot be easily taught or transferred to another employee without causing major inconveniences or incurring significant costs
- Knowledge related to a product or process that is complex, sophisticated, or highly technical
- Key assignments that will improve the employer’s business
- Knowledge that will improve the employer’s competitiveness in the marketplace
Documents to Prepare (U.S. Specialized Knowledge Job Position)
Commonly used documents to prove that the U.S. job position involves specialized knowledge under an L1B visa petition includes but is not limited to:
- A detailed description of the proposed job duties
- Letter from an authorized official of the U.S. entity that includes:
- Explanation of the industry or field
- The nature of the U.S. entity’s products or services
- The specialized knowledge that is required to perform the L1B visa worker’s duties
- The need for the specialized knowledge of the L1B visa worker
- Percentage of time the L1B visa worker will spend on each duty
- List the entity's products, services, tools, research, techniques, equipment, management, procedures, or processes that require the L1B visa worker’s specialized knowledge
- Explanation of how the knowledge or expertise is either “special” or “advanced”
- List the products, services, tools, research, techniques, equipment, management, procedures, or processes of the entity that requires the specialized knowledge in the L1B visa worker’s job duties
- State the minimum time that is required to obtain this knowledge (this can include training and the actual experience after training completed)
- Explanation of the knowledge required to perform the duties of the U.S. position and how it compares to similar workers in the entity or industry
- Other supporting documents that show the knowledge involved in performing the duties of the U.S. position is special or advanced
The person must be qualified to perform the intended services in the U.S. office based on prior education, training, and employment overseas
The L1B visa petition requires the person to be qualified to work in a specialized knowledge job position in the United States. Their qualifications should be based on their prior education, training, and employment overseas.
Documents to Prepare (L1B Visa Worker Qualifications)
Commonly used documents to prove that the L1B visa worker has the required qualifications to be in a specialized knowledge position under an L1B visa petition includes but is not limited to:
- Documents that show the L1B visa worker is qualified through prior education, training, and employment
- Comparison of the L1B visa worker’s knowledge to other similar workers in the industry
- Explanation of the L1B visa worker’s knowledge or expertise (it should include how the knowledge is either “advanced” or “special”)
- Documents that show the number of years the L1B visa worker has been using or developing the specialized knowledge through education, training, or work experience
- Documents that show how the L1B visa worker’s transfer will impact the U.S. entity
- Documents that show the L1B visa worker is qualified to contribute to the U.S. entity’s operations because the L1B visa worker has knowledge that is not generally found in the industry or in the U.S. entity
- Contracts, statements, work product, or other documents that show the L1B visa worker has knowledge that can particularly benefit the entity’s marketplace competitiveness
- Documents (e.g., reports, correspondence) that show the L1B visa worker was employed overseas that involved assignments that significantly improved the entity’s image, competitiveness, productivity, or financial position
- Patents, licenses, trademarks, contracts that are awarded to the entity because of the L1B visa worker’s work, OR similar documents that show the L1B visa worker has knowledge of a product or process that is either complex, sophisticated, or has a highly technical nature even if it is not proprietary or unique to the entity
- Payroll documents, federal and state wage statements, organizational charts, or similar documents that show the positions held and the wages paid to the L1B visa worker and parallel employees in the entity
- Other supporting documents that show the L1B visa worker has specialized knowledge
The overall emphasis on the documents and requirements/criteria of an L1B visa petition is that the knowledge possessed by the L1B visa worker must be unusual and specific towards the organization that the person works for. The L1B visas are specifically for multinational companies to send their professional employees who have specialized knowledge of the company to work at an already existing U.S. office or to start a new office in the United States.
The requirements for an L1B visa petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out what items should be included and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based nonimmigrant visa petitions.
For people who do not qualify for the L1B work visa petition yet, the closest alternatives would be filing for an L1A visa petition (for managers or executives), or an H1b visa petition (Australians can file for E-3 visa petitions) or TN visa petition (for Canadian or Mexicans) to work in the United States.
Another possible alternative to filing an L1B visa petition would be to file for a green card petition which is a permanent immigrant visa and not a temporary work visa like the L1B visa. For more on green cards gained through work, please read the overview for employment-based green cards.
If you have an L1B work visa (Specialized Knowledge Professionals for Multinational Companies) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the L1B visa is the appropriate nonimmigrant visa category for the client’s (or the client’s beneficiary’s) professional background and if there are other visa options for the client (or the client’s beneficiary). We will work closely with our client to prepare a convincing case for their (or it’s) L1B visa petition and we will also strategize on how the L1B visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an L1B work visa petition due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
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