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What is the criteria for getting L1-B visa approval?

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L1-B visa refers to the classification that allows a US employer to transfer an employee who has “specialized knowledge” from an affiliated foreign business to the employer’s business in the US. It can also allow a foreign company that doesn’t have an affiliated US business to send an individual with “specialized knowledge” to the US with the intent of establishing such a business.

In order to be approved the following guidelines must be met:

  • The employer must file Form I-129, Petition for a Non-Immigrant Worker
  • The employer must have an existing relationship with a foreign company
  • The employer must be doing business as an employer in the US, and at least one other foreign business during the recipients stay in the US under the L-1 Visa
  • The recipient must have been working as an employee for at least one year in the past three years proceeding the application
  • The recipient must be seeking entry in the US to offer specialized services to a branch of the same employer or a qualifying company.

Keep in mind, individuals who are granted approval have one year of stay if they are entering the US to establish a new business and three years of stay if they are entering as a qualified employee.

Click here for more information about the L1-B application.

Everybody’s situation is different. So to really understand if this is a road you should go down, you should consult an immigration attorney. LawTrades is happy to help. Simply fill out the online form, and you’ll be in touch with a lawyer ASAP.

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