L1B Visa: Specialized Knowledge Employees
This is a comprehensive guide on the L-1B Visa for Specialized Knowledge Employees.
The L-1B visa is a visa option for US companies seeking to move key personnel with Specialized Knowledge from an affiliated foreign branch to an office in the United States. This visa is designed to facilitate international transfers within multinational companies, ensuring that expertise can be put to work for the US entity’s success.
Below, you will find a detailed breakdown of the L-1B requirements, the complex legal definition of Specialized Knowledge, application process and green card.
What is the L-1B Visa (Specialized Knowledge Employees)
The L-1B visa allows a US employer to transfer an employee who possesses Specialized Knowledge from an affiliated foreign office (parent, branch, subsidiary, or affiliate) to the US office.
To qualify, the employee must have been employed abroad in a position requiring specialized knowledge for at least one continuous year within the three years prior to the US transfer.
What Qualifies as Specialized Knowledge?
Specialized Knowledge, as defined by US immigration law, refers to an employee’s expertise that is not readily available labor market. This knowledge must be different from, or surpass, the ordinary knowledge of others in the same field and must be gained through significant prior experience with the petitioning organization.
Specifically, Specialized Knowledge falls into one of two categories:
[CFR Section 214.2(l)(1)(ii)(D)]; [9 FAM 402.12-12]
Characteristics of a Specialized Knowledge Employee
Characteristics often include possessing knowledge that:
L1B Visa Requirements for Employers and Employees
To qualify for an L-1B visa, both the US company and the transferring employee must meet the following criteria:
The L1B Visa Application and Process
L1B Applicants Establishing or Joining a New Office
When a US employer is transferring an L-1B employee with Specialized Knowledge to open or staff a new office, the employer must demonstrate three additional requirements:
L1B Visa Process Steps (Filing Form I-129)
The L-1B visa is obtained through a multi-step process:
L1B Visa for Canadian Citizens (Port-of-Entry Option)
Canadian citizens are not required to obtain a pre-approved Form I-129 petition from USCIS before their initial L-1B application.
Instead, a Canadian citizen can apply directly for initial L-1B status at a U.S. port-of-entry (including land border crossings or pre-clearance/pre-flight inspection stations in Canada) by presenting the complete L-1 application package to a Customs and Border Protection (CBP) officer.
This application method significantly expedites the transfer process for qualified Canadian employees. To learn more visit L1 Visa for Canadians.
L1B Visa Validity, Duration, and Extension
Initial Validity & Maximum Stay
| Visa Type | US Office | Initial Stay | Maximum Stay |
|---|---|---|---|
| L-1B Specialized Knowledge | New Office (less than 1 year) | 1 Year | 5 Years |
| L-1B Specialized Knowledge | Existing Office (1 year or more) | 3 Years | 5 Years |
L1B Extension & Renewal Process
The L-1B status requires an extensions to maximize the employee’s stay.
Extension Limits and Process
Continuation of Employment (240-Day Rule):
Filing a timely L-1B extension petition allows the employee to maintain their work authorization for up to 240 days while the new petition is pending with USCIS. You can file extensions up to six months prior to the expiration of your status.
Recapture Time:
L-1B holders may be able to “recapture” days spent outside the United States during the validity of their status to maximize their total allowable time in the U.S.
Max-Out Rule:
Once an individual has spent the maximum allowable time (usually five years) in the U.S. in L-1B status, they must reside and be physically present outside the U.S. for the immediate past year before they can be readmitted or have a new petition approved under the L classification. [9 FAM 402.12-12]
L1B Visa Processing Time and Cost
The L-1B process timeline is highly dependent on the chosen filing method, while the costs are a combination of mandatory government fees.
Standard vs. Premium Processing
| Processing Method | Estimated USCIS Adjudication Time | Total Estimated Time (with Consular Processing) | Notes |
| Standard Processing | 1-3 Months | 3-8 Months | Includes variable consular wait times; check the processing times on USCIS website. |
| Premium Processing | 15 Business Days | 1-3 Months | The 15-day clock restarts if a Request for Further Evidence (RFE) is issued |
| Blanket L Petition | N/A (Initial petition is corporate pre-approval) | 1-3 Weeks | Varies by consulate; interview is the primary variable after the initial blanket petition is approved |
L1B Visa Cost Overview (Required Fees)
| Fee Type | Description |
|---|---|
| I-129 Base Filing Fee | Required for all L-1 petitions. $695 for Small Employers (25 or fewer employees) or Nonprofit. $1,385 for Regular Employers (more than 25 employees). |
| Fraud Prevention and Detection Fee | $500 Required for all initial L-1 petitions and the first extension. |
| ACWIA Fee (Public Law 114-113 Fee) | $4,500 fee required for companies with 50 or more employees where over 50% are in H-1B or L-1 status (the “50/50 Rule”). |
| Asylum Fee | $600 for Regular Employer (more than 25 employees). $300 for Small Employer (25 or fewer employees) $0 for Nonprofit |
| Premium Processing Fee (Optional) | $2,805 additional fee for 15-business-day response from USCIS. |
Frequently Asked Questions
Standard Processing for the L-1B visa typically takes 1 to 3 months for USCIS to adjudicate, though the total time with consular processing can be up to 8 months. Premium Processing is an optional paid service to obtain a decision from USCIS within 15 business days, significantly reducing the initial waiting period.
The Blanket L process is often the fastest route. After the initial corporate Blanket Petition is approved, the employee can apply directly at the consulate. The process from application to receiving the visa stamp usually takes 1 to 3 weeks, depending on the consulate’s interview availability and processing times.
The 50/50 Rule requires an additional $4,500 fee (Public Law 114-113 Fee) to be paid by petitioning U.S. employers who have 50 or more employees and where more than 50% of those employees are in either H-1B or L-1 nonimmigrant status.
Family (L-2 Visa) and Work Authorization
L-1B visa holders may bring their immediate family—a spouse and unmarried children under 21—to the United States under the L-2 dependent visa classification.
The L-2 visa mirrors the principal L-1B holder’s period of stay and benefits.
L1B Visa Spouse and Dependent Children
Yes, the L-2 spouse can obtain a Social Security Number (SSN).
L-2 children are not permitted to work, but they may attend school or university while in the United States.
L-2 Spouse Work Authorization (EAD not required)
Yes, L-2 spouses are work authorized incident to status. This means they generally do not need to apply for a separate Employment Authorization Document (EAD) to work. They can begin working immediately upon receiving their L-2S status and obtaining an unexpired Form I-94.
Required Documents for L1B Visa
A successful L-1B petition requires comprehensive documentation proving both the employee’s specialized knowledge and the company’s qualifying corporate structure.
Employer and Corporate Documents (Petitioner)
Employee-Specific Documents (Beneficiary)
L1B Visa to Green Card Options (Permanent Residency)
The L-1B visa is a “dual intent” nonimmigrant visa, meaning the holder can legally seek permanent residency (a Green Card) without jeopardizing their current status.
Below are the primary Green Card options available to transition from the L-1B visa:
Employment-Based Options
Other Paths to Permanent Residency
Need to obtain an L-1B visa?
Don’t navigate the complexities of US immigration law alone. Contact our board-certified L-1B lawyers today to ensure your petition is prepared accurately and meets all regulatory standards. We provide comprehensive L-1B guidance to multinational companies and entrepreneurs across the United States and worldwide.
Malescu Law P.A. – Business & Immigration Lawyers
