L-1B's and Specialized Knowledge

When it comes to immigration issues, the meaning of the term ‘specialized knowledge’ has been specifically laid down in the Immigration and Nationality Act so that only vital staff members are eligible. Congress wants to be sure that it is only inviting the very best into the U.S. in their specialized area. The definition of the term encompasses the following:

Specialized knowledge in relation to a company product and its position in the international market or exceptional knowledge of the procedures and processes of the company.

In order to eliminate certain people from qualifying, there are specific requirements that need to be adhered to as outlined below:

• Any knowledge must be of an advanced nature.
  
• A high level of education, experience and training, are necessary in the acquiring of the knowledge.
  
• The knowledge must have unusual features in relation to its industry.
  
• The techniques, skills and concepts are difficult to master by anyone.
  
• Very few people hold the specialized knowledge and skills making the person far above ordinary employee status.
  
• Gaining access to the knowledge base may prove difficult for others.
  
• The knowledge must not be general but specific to the company’s line of business.
  
• The rarity of the equipment and materials necessary for gaining training, education or experience.
  
• The knowledge might help the company competitively in international markets.
  
• There should be a few indications that the specialized knowledge has realistically been of value to the company in relation to competitiveness, productivity and image.
  
• The foreigner might have accumulated and completed significant assignments using the specialized knowledge and may have gained widespread recognition.
  
• The specialist knowledge has to be a result of academic study to a minimum of a B.A. in the specialized area.
  
  

From June 2005, the law has not allowed the issuing of an L-1B specialized knowledge visa when the U.S. employment is mostly at client sites and if the employee mainly is supervised and controlled by the client and the work does not include the providing of a service or product that needs specialized knowledge for the employer who is sponsoring the person.

USCIS knows what it is looking for when it receives petitions from potential employees and is seeking leaders of specialized knowledge - not people who need to be supervised.