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The L-1 (intra-company transferee) visa is granted to employees who are transferred from a parent, subsidiary or affiliated company abroad to a closely related sister company in the United States. There are 2 categories of employees that may qualify: managerial and executive employees (L-1A), and employees with “specialized knowledge” (L-1B).  In this article, we will discuss the requirements for L-1B Specialized Knowledge employees.

The foreign organization or company must have employed the employee for at least one continuous year within the three years preceding the L-1B petition. In addition, the employee must seek to come to the U.S. to provide services temporarily to a branch, subsidiary or affiliate of the overseas company in a position that involves specialized knowledge.

“Specialized knowledge” means special knowledge possessed by an employee of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets; or an advanced level of knowledge or expertise in the organization’s processes and procedures.

The meaning of “specialized knowledge” has narrowed over the years.  The US Citizenship & Immigration Service’s (USCIS) current interpretation adds the following requirements:

1) The knowledge must be different from that which is generally found in the particular industry;

2) The knowledge must be uncommon and distinguished by some unusual quality;

3) The knowledge must be generally unknown by other professionals;

4) The knowledge must be essential to the company’s competitiveness in the U.S. marketplace;

5) The knowledge must be difficult to teach or transfer to new workers;

6) The knowledge must be normally gained only through prior experience with the sponsoring employer.

The petitioning company should note that USCIS has been issuing “Request for Additional Evidence” on L-1B specialized knowledge petitions at a rate that is far higher than ever before.  This is due to the fact that the legal definition of specialized knowledge has been significantly narrowed.  Therefore, it is important to fully evaluate the eligibility with your attorney before going forward with the L-1B application.

Some important factors to consider include:

-The current position abroad.

-The sponsored position in the United States.

-Knowledge acquired through experience with parent company in Japan as it relates to the company’s products, services, research activities, equipment, techniques, management or other interests.

-How is this knowledge required to perform in the position in the United States?

-Knowledge and training of the applicant as compared to the industry in general, and other similarly employed at the company.  (How is the employee’s knowledge unique?)

-Has the employee received any training by the company in Japan?

-Type and kind of specialized knowledge tools, product, etc. that the employee will use.

-Employee’s international business experience in Japan and how it will relate to the offered position in the US?

-Special assignments in Japan.

-Special honors or promotions in Japan.

-Has the employee received any government certificates or licenses?

-Has the employee taken any special courses, taught any courses?

-Employee’s college degree or other education.