L-1B Visa, Intracompany Specialty Knowledge Employee Transfer in Charleston, SC

This category of non-immigrant visa is designed to enable U.S. companies to have a method to relocate their foreign employees with specialty knowledge into the U.S. to work in their facilities in the U.S.; it is eligible for the application of the Dual Intent Doctrine. It is also available to enable foreign companies to relocate their employees with specialty knowledge into the U.S. to expand their business here and work in its U.S. subsidiaries. The rotation of these key personnel is designed to have these key people impart their proprietary knowledge to U.S. employees, which helps foster improved business on a global basis. Business must be conducted with the regular and systematic creation of goods or services.

It may also include nonprofit, religious, or charitable organizations, and full-time employment is not required of the transferee. But the employee must devote a significant amount of their continual time to the petitioner.

Dual Intent Visa

Although a temporary visa, L-1 visa holders, while working, can apply for permanent residency (green card) simultaneously without jeopardizing their L-1 visa status.

Employer Requirements

The employer must have a qualified ongoing relationship with a foreign company in another country for the duration of the employee's L-1B visa. This relationship must evidence "corporate control" as partners, subsidiaries, or affiliates. Common ownership is a central necessary theme. The company need not engage in international trade. And outsourcing of the employee is prohibited.

Employee Requirements

The employee must demonstrate a body of specialized knowledge proving

• The knowledge is critical to the employer's competitiveness in its marketplace.
• This knowledge will contribute to the employer's knowledge of its foreign companies' operating conditions.
• Its knowledge is unique to limited top-level employees and gained through its experience with work assignments.

Also, the employee need not have a college degree. But it must have worked overseas with that body of specialized knowledge for at least one of the three previous years prior to filing.

Submission Process

The application process requires that the employer file USCIS Form I-129 with all accompanying documentation and pay all required filing fees. In addition to the normal filing fees, $2250 must be paid, plus a fraud prevention fee, a detention fee, a Border Security Act fee, and possibly a premium processing fee. However, in some instances, the $2250 is not owed. Only employers with 50 or more L-1 visa holders or 50% or more of their employees being L-1 visa holders must pay this fee. When submitting the application, the employer can submit written evidence of why it is not subject to this additional fee. It should then be prepared for a USCIS response with a Request for Evidence (RFE).

Duration of Stay

The visa is first granted for 1 year with a new company and 3 years with a U.S. company that has been in existence for more than 1 year. Extensions are available in 2-year increments, with the total permitted stay being 5 years.

Family Members

Family members can also attend on a separately filed USCIS Form I-129 with similar documentation and upon paying all required filing fees.

Spouses and unmarried children under 21 can also obtain entry under L-2 visas. Spouses can work by applying for their own work authorization. Children cannot work but can attend school or college.

These visas are best applied for with competent legal counsel. We can provide such assistance and navigate the maze of USCIS requirements for you.

Export Control License

If the employee will be the recipient of information, data, software, technology, or products that are controlled under federal law or by federal security, the company will need to obtain a federal export control license before such items can be disseminated to the employee. Failure by the company to comply with this requirement can result in criminal fines up to 1/2 of a million dollars, civil fines up to 1/2 of a million dollars, and imprisonment up to 20 years in a federal prison.