L-1B: Specialized Knowledge Employees
In our earlier post, we mentioned the L-1B category is reserved for specialized knowledge employees who seek to transfer to the U.S. offices. In this post, we will briefly explain what specialized knowledge is and who is eligible for L-1B classification.
Specialized Knowledge Capacity
USCIS provides that one may establish his or her specialized knowledge by possessing either “special” knowledge, or “advanced” knowledge, or both. USCIS further explains:
Special knowledge is knowledge of the petitioning U.S. company’s products or services. An employee with special knowledge possesses knowledge of how the petitioning U.S. company manufactures, produces, or develops its products, services, research, equipment, techniques, management, or other interests.
Advanced knowledge is knowledge of the petitioning U.S. company’s processes and procedures. An employee with advanced knowledge possesses knowledge of the petitioning U.S. company’s processes and procedures that are greatly developed or further along in progress, complexity, and understanding in comparison to other employees.
Specialized knowledge does not need to be proprietary or narrowly held within the petitioning U.S. company. But it must be a type of knowledge not commonly held in the related industry.
Factors to Consider
It can be difficult to prove an employee’s specific knowledge of the petitioning organization’s products, services, processes, or procedures is specialized. USCIS provides a non-exhaustive list of factors they consider in determining specialized knowledge:
The employee possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization’s U.S. operations;
The employee has been employed abroad in a capacity involving assignments that have significantly enhanced the employer’s productivity, competitiveness, image, or financial position;
The employee’s claimed specialized knowledge is normally gained only through prior experience with the petitioning organization;
The employee possesses knowledge of a product or process that cannot be easily transferred or taught to another person without significant economic cost or inconvenience;
The employee has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the petitioning organization; or
The employee possesses knowledge that is particularly beneficial to the petitioning organization’s competitiveness in the marketplace.
As we mentioned before, the list is illustrative and not exhaustive. An employee may still possess specialized knowledge without meeting the above-listed factors.
Other Factors to Consider
Additionally, USCIS provides the below regarding specialized knowledge:
In general, specialized knowledge cannot be commonly held, lack in complexity, or easily transferrable;
Specialized knowledge does not need to be proprietary or unique. A petitioning organization does not need to be the only company in possession of this specialized knowledge;
Specialized knowledge does not need to be narrowly held within the petitioning organization. However, if there are a significant number of employees with the same specialized knowledge already within the petitioning U.S. company, USCIS may question the company’s need to transfer a foreign employee with specialized knowledge; and
Specialized knowledge employees do not need to occupy managerial positions or command higher compensations.
Conclusion
L-1B specialized knowledge visa serves as a crucial pathway for multinational companies to transfer essential employees with unique expertise to their U.S. offices. This visa category not only facilitates the exchange of specialized knowledge but also contributes to the growth and innovation of businesses operating across borders. As we navigate the complexities of the global economy, the L-1B visa stands as a testament to the importance of fostering international collaboration and leveraging the expertise of individuals to drive success. While the application process may involve its share of challenges, the potential benefits for both employers and employees make it a valuable option in the realm of immigration and talent acquisition.
