L-1A Visa Executive Defined

Video Transcript – Part 4 Intra-Company Transfer L-1A and L-1B Visas

Welcome to the Law Offices of Chris M. Ingram. We’re delighted to have you join us for part 4 in our video presentation on Intra-Company Transfers L-1A and L-1B Visas. In this presentation, we’re going to review how U.S. Immigration defines the ‘executive’ and ‘specialist’ roles within an organization.

Overview of an Executive Position
“An executive directs the management of the organization, major component, or essential function of a given organization by controlling the work of managerial or lower-level executive employees.”

While there’s some overlap between executives and managers, executives typically focus more on setting company goals and strategy, whereas managers focus on execution and implementation.

In larger businesses, the distinction between executives and managers is clearer. That’s why U.S. Immigration often reviews an organization’s chart and employment contracts to understand how these roles are structured. The bigger the company, the easier it is to prove these distinctions.

Overview of a “Specialized Knowledge” Specialist Position L-1B
Section 214 (2)(b) of the Immigration and Nationality Act defines a specialized knowledge employee as:

“An alien is considered to be serving in a capacity involving specialized knowledge with respect to a company if the alien has special knowledge of the company’s product and its application in international markets or has an advanced level knowledge of the processes and procedures of the company.”

In order to qualify as an L-1B beneficiary under the category of a company specialist, the petitioner must demonstrate that the beneficiary has an advanced level of knowledge of the company’s products and procedures that are simply not readily available in the U.S. labor market. It is not enough to have a general knowledge or expertise, or skill that enables the beneficiary to do the job.

The purpose of creating the L-1B Visa category was to facilitate foreign companies locating to the United States that might find it difficult to hire local U.S. personnel who might not be familiar with the practices of the company. Those employees of the foreign company who had such specialized knowledge were allowed to transfer under this category.

However, it must be pointed out that where a company is well established in the U.S., it will become more difficult to relocate staff from overseas under the specialized category if those skills are not particularly unique, advanced, or highly specialized.

USCIS makes a useful distinction between those would-be beneficiaries whose skills would enable them to produce a particular product or function, as compared with beneficiaries who would be employed primarily for their ability to carry out an almost unique function that is key or essential to the company’s operation. Only the latter beneficiaries would qualify for L1-B status.

Key Attributes in Identifying Whether a Beneficiary has Specialized Knowledge:
The beneficiary possesses knowledge that is valuable to the employer’s competitiveness.
The beneficiary is uniquely qualified to contribute to the U.S. employer’s knowledge of foreign operating conditions.
The beneficiary has been utilized as a key employee abroad and has been given significant assignments, which have enhanced the employer’s productivity and competitiveness, image, or financial position.

Possesses knowledge that has been gained only through extensive prior experience with that employer.
In other words, the specialist must be shown to be absolutely integral to the overall success of the company.

An interesting case study might be for a Sushi Restaurant. Let’s take the Rising Sun Sushi Restaurant chain from Japan, for example. They might wish to bring over some of their leading chefs to launch a chain in the U.S.. The training of a sushi chef may take many years of devotion and practice – some might argue it’s very much an art form. The highly skilled and highly trained chefs from the Rising Sun are one of the primary reasons for the brand’s success. Therefore, it would be reasonable and would fit the L-1B visa’s profile of a specialist.

We hope you’re finding this series helpful! In our next presentation, we’ll discuss how to open a new branch in the U.S. under the L-1 visa program.
See you in the next video.

Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.

Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.

The Law Offices of Chris M. Ingram website now features:

1. Over 1,000 pages of immigration resources
2. Hundreds of educational videos on visa and green card options
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We continually update and expand our content to keep visitors informed about the latest immigration policies, visa options, and legal strategies.

Chris M. Ingram strongly believes that every potential client deserves a free consultation. This allows individuals to speak personally and confidentially with an immigration specialist about their visa, work permit, or green card options. Our goal is to provide the guidance and expertise needed to help you achieve your American Dream.
We’re delighted you’ve found us, and we look forward to helping you make your immigration journey a reality. You’ve come to the right place!

All videos and content created by the Law Offices of Chris M. Ingram are intended for general informational purposes only and do not constitute legal advice. If you require specific guidance regarding your immigration case, please contact our office for personalized legal assistance.
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