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B-1, B-1 in lieu of H-1 and L-1BThe Law and Business Strategy
A presentation for our sole-source corporate clients
Presenter: Rajiv S. KhannaJuly 2015
Team Attendees: Suman Bhasin (VP, Legal and Operations), Anna Baker
(Mananger, NIV Section), Diane Lombardo (Senior Case Manager)
B-1
• What is B-1: “Business Visa” (actually a misnomer)– Specific, short term part of project in the USA– Majority of project abroad– Employment of foreign company – continued– No salary in the USA – incidental payments ok– No misuse
• How is B-1 obtained?
B-1 - Slide 2
• Pros:– Faster– Cheaper– No quota– No salary or movement restriction
• Cons: – Discretionary - Uncertain– More limited in duration – extensions, revisits
B-1 – Slide 3
• Practical problems:– Corporate “black listing”– Proving nonimmigrant intent
B-1 in lieu of H-1
• Mixture of B-1 and H-1• Professional job and employee of foreign
entity• Specific, short term project
L-1 Visa – Slide 1• One year employment• Related companies (parent, sister, affiliate or branch)• Relationship does not have to pre-exist• Must prove ownership (direct or indirect right of possession of an
organization or its assets) and control (direct or indirect legal right and authority to direct the establishment, management and operation of an entity)
• L-1A (7 years) versus L-1B (5 years)• EB-1C for green card• L-2 EAD• Coming to US office (can be a new office)• Salary can continue to be paid in home country• Option to come to the USA, but no obligation• Rules for client-side placement
L-1 Visa – Slide 2
• Rules for client-side placement– The beneficiary will be “principally” under the
“control and supervision” of the petitioning organization (or its affiliate, subsidiary, parent, or branch); and
– The placement at the unaffiliated worksite is a placement in connection with the provision of a product or service for which specialized knowledge specific to your organization is necessary and not essentially an arrangement to provide labor for hire for the unaffiliated employer.
L-1B – New Criteria, Slide 1
• New interpretation makes simultaneously matters more and less difficult and more and less clear
• Employee must possess “special” or “advanced” knowledge– Special knowledge of the petitioning organization’s
product, service, research, equipment, techniques, management, or other interests and its application in international markets, or
– Advanced knowledge or expertise of the organization’s processes and procedures.
L-1B – New Criteria, Slide 2
• “Special” knowledge of your organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets that is: – Demonstrably distinct or uncommon in comparison
to that generally found in the particular industry, OR – Demonstrably distinct or uncommon in comparison to
that generally found within your organization.
L-1B – New Criteria, Slide 3
• “Advanced” knowledge is knowledge or expertise in your organization’s specific processes and procedures that is: – Not commonly found in the relevant industry, AND– Greatly developed or further along in progress,
complexity and understanding than that generally found within your organization.
L-1B – New Criteria, Slide 4
• The work in the United States need not be the same work performed abroad
• How trained? Time? Complexity? Degree of Involvement?
• Prior education, training, and employment
Strategy Planning
• In general: – Job descriptions, standard, existing ads– Contracts – internal and external– Employee handbooks, training
• B and L visa planning– Timing of B versus L visa– Changing status from B to L, or B extension– Strategic Mergers and Acquisitions– External contracts
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