L-1B visa classification enables intracompany transfers of employees who possess “Specialized Knowledge”. The specialized knowledge must relate to ‘proprietary” information and that such knowledge cannot be otherwise available in the U.S. labor market. The petitioning entity would suffer economic inconvenience or disruption to its U.S. or foreign-based operations if it had to hire someone other than the particular overseas employee on whose behalf the petition was filed.” A beneficiary must possess special or advanced knowledge. While evaluating L-1B petitions, USCIS uses a totality of circumstances approach, meaning that they will consider any evidence offered to prove that the knowledge the alien possesses is in fact specialized such as the knowledge of foreign operating conditions that is of significant value to the petitioning organization’s U.S. operations, that will enhance the employer’s productivity, competitiveness, image or financial position, cannot be easily imparted to other individuals. In addition to possessing the “specialized knowledge” the beneficiary must have been employed abroad by a qualifying organization on a full time basis for one continuous year within the preceding three years.
Remzi Guvenc Kulen Esq.
Kulen Law Firm, P.C.