L-1B Eligibility Requirements and Documentation

In L-1B, intracompany transfer alone is not sufficient. The appropriate international company structure, the required foreign work period, special knowledge, and the assignment based on this knowledge in the USA are evaluated together. A strong position in one of these headings does not automatically compensate for the deficiency in the other. ¹

Convenient international structure of the company

There must be appropriate ownership and control relationships between the applicant U.S. entity and the foreign entity. Definitions of parent company, subsidiary, branch or subsidiary are shown with concrete corporate records. Using the same brand or regular trading alone is not enough. ¹

It is important that the company does business through appropriate organizations in the USA and at least one other country and that the necessary structure is maintained. A registered but inactive company is not the same as a business that regularly provides goods or services. Activity documents should be prepared separately from corporate affiliation documents. ¹

One continuous year of foreign study

In general, at least one uninterrupted year must have been worked in the appropriate foreign organization during the relevant three-year period. The employee's previous eligible assignment and entry history in the United States may affect time evaluation. Therefore, looking only at the last three calendar years may not be enough. ¹

Employment documents must show actual role, date and employer. The effects of short-term trips and different working periods are calculated individually. The fact that the total seniority is long does not require examining the uninterrupted working condition in the relevant period. ¹

Special or advanced nature of the information

The information may be specific information about the company's products or services and its international practice, or advanced knowledge of company processes and procedures. What is important is not the name of the general skill, but its content in the company context. ¹

Company-specific product or service information

The architecture of the product, manufacturing approach, application methods or service delivery may reveal one's knowledge. But just because the company's product is different does not mean that every employee automatically has special knowledge. The person's actual role in this product should be shown. ¹

Advanced knowledge in processes

Knowing how a process operates at a basic level is not the same as advanced application, development or analysis knowledge. Training stages, level of responsibility, and concrete work examples can help explain the nature of the knowledge. Automatic eligibility should not be inferred solely on the basis of hours of training or number of years. ¹

US mission's connection to information

The job one will perform in the United States must actually require the specific knowledge demonstrated. Having worked on an advanced project in the past does not convert a new job of a purely general nature into an L-1B assignment. The job description and the evidence must show the same need. ¹

Project scope, responsibilities, systems used, and work outcomes can explain this connection. If customer names or technical details require confidentiality, the appropriate protection and disclosure method can be chosen; However, verifiable information should not be completely eliminated. ²

Control at the customer site and nature of the task

In the working order of a third-party workplace, who provides control and supervision and the specific information requirements of the job are important. A personnel-only order may be subject to the relevant L-1B limitations. Customer site assignment should not be presented as an automatic ban either. ¹

Actual work and contracts must be the same. It is clearly stated who assigns tasks, evaluates performance, and manages work output. The control claim in the application should not conflict with daily practice. ²

Difference between individual application and blanket

Blanket L approval is a procedure regarding the corporate compliance of a particular group of companies; It does not automatically make every employee eligible. The conditions of professionals with special knowledge who will be treated as blankets within the scope of L-1B are also evaluated. The evaluation in the individual L-1B is not exactly the same as the blanket rules. ¹

Evaluation of documents together

The support letter, technical description, training records, project documentation and task plan should complement each other. A letter that describes the information as “unique” but does not explain what it is is of limited value. Current eligibility must be demonstrated at the time of application and the necessary English translations must be prepared. ²

In the final check, the following distinction should be maintained: The fact that the company is good, that the person is successful, and that there is a need for a job in the USA are separate facts. The L-1B file must clearly explain how these integrate with the specific information standard. ¹