The L1-B visa is typically for an employee of an overseas company who has unique knowledge about the company product and how it operates. Basically, this means skills that a U.S. employee working for the same company could not possibly have acquired. The aim of this visa category is for the specialist worker to pass on the unique knowledge so that the U.S. company gains significantly from the employee’s presence, both in terms of potential competitiveness and increased financial outcomes. Before consideration of an L-1B petition can commence, the USCIS asks the overseas company to provide proof that it holds a relationship with the U.S. company.
Control and ownership are two aspects used by the USICS to establish the degree of the relationship and if it’s appropriate. Typically, ownership refers to legal ownership and subsequent power while control is referring to the right to hold command over the managing and operating of the business.
The UCSIS also outlines the importance of the U.S. company being a parent, branch, affiliate or joint venture of the overseas company.
This term is difficult to define precisely, but for an employee seeking an L-1B visa it has to be definitively established that the employee really does have knowledge that a U.S. employee does not have. There is a usual requirement of possessing educational qualification up to B.A. level which may helps the USCIS decide if the applicant is eligible. Often, overseas employers, when trying to petition one of their employees for an L-1B visa, believe that an advanced degree in a specialized field or experiencea mounting to several years is sufficient but this does not hold the greatest importance as what the USCIS is looking for is the acquisition of knowledge and skills that relate specifically to the company. This can include the company’s product, use of specialised equipment, certain company specific management protocols and the way the company may operate a service that is specific in nature. If the employer indicates that a worker is indispensable because of the specialized skills that he or she possesses, this has to be effectively communicated to the USCIS in order to gain approval for L-1B status. The petitioning employer has to be able to distinguish the beneficiary's skills and knowledge from all other industry workers with a similar amount of work experience. The USCIS studies L-1B petitions carefully and usually issues approvals when petitions show clear evidence outlining the beneficiary's specific specialized knowledge.
There are some cases that seem to be quite straightforward; e.g. a person who has specifically invented a patented and proprietary object or system and is being sent to the U.S. to take part in inaugurating it into the U.S. parent businesses.