How the L-1B Can Work For You
From time to time, the Visa Office transmits policy guidance to U.S. Embassies and Consulates around the world. Given the relative lack of statutory clarity or interpretative guidance, we will discuss the L-Visa that is known as “specialized knowledge”– an L1B visa. It often depend on the consular officer’s expertise in the context of the specific case’s circumstances. Visas that are clearly based on the individual cases should be well prepared before you make your case. A lawyer that specializes in immigration and visa law will prepare your case well.
Guidance on L-VisaCongress created a standard that requires USCIS to make a factual determination that can only be determined on a case-by-case basis. This is based on the agency’s expertise and discretion. Rather than a bright-line standard that would support a more rigid application of the law, Congress gave legacy INS a more flexible standard that requires adjudication. Determination for L-Visa “specialized knowledge” is to be based on the facts and circumstances of each individual case.
The proprietary nature of the knowledge – While it is not strictly required that specialized knowledge involve knowledge of procedures or techniques proprietary to the petitioning company, the possession of significant proprietary knowledge can in itself meet the specialized knowledge requirement. Details are found in INA 214(c)(2). On a positive note, this knowledge can be acquired through on-the-job training. U.S. Department of State
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