How the L-1B Can Work For You (Ⅲ)

Proving Specialized Knowledge:

The L-1B Visa classification is for employees with specialized knowledge. As noted above, this is currently defined as special knowledge possessed by an individual of the petitioning 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.

Due to the imprecise definition of specialized knowledge, proving the specialized knowledge is often the most difficult hurdle in L-1B petitions. Petitioners of L-1Bs should consider the following issues in trying to prove specialized knowledge.

Proving "essential skills" or "specialized knowledge":

At the threshold, specialized knowledge is proven through the employer’s supporting documentation. The employer, in its supporting letter, should describe each element necessary for establishing eligibility. The letter should include:

1.         The nature of the company’s work.

2.         Whether the enterprise is a new or existing one.

3.         << Back