An L-1B visa can be granted to an individual with specialized knowledge who is coming to the United States to assist in establishing a branch, affiliate, or subsidiary company. Along with the criteria outlined below, evidence must be provided regarding the physical premises of the U.S. operation and the company's ability to compensate the foreign worker. The financial information of the company must also be submitted. Initially, the visa is granted for a maximum period of one year in such cases but can be extended thereafter.
The U.S. petitioner seeking an L-1B Visa must establish the following:
- The petitioner has a qualifying relationship with a business entity in a foreign country.
- The employer is currently conducting business as a U.S. employer and will continue to do so in at least one other country or through a qualifying organization during the beneficiary's stay in the U.S. as an L-1.
- The alien has been employed by the foreign entity or qualifying organization for at least one year within the last three years.
- The alien is coming to the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
- Both the foreign and domestic companies are viable entities.
