Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 16 of 29) in pdf

The L-1B classification is for aliens coming to the United States temporarily to perform services that require

specialized knowledge for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that

employed the alien abroad in a capacity that was managerial or executive in nature, or one that required specialized

knowledge for at least 1 continuous year within the last 3 years.*** Specialized knowledge is either: (a) special

knowledge of the petitioning employer’s product, service research, equipment, techniques, management, or other

interests and its application in international markets or (b) an advanced level of knowledge or expertise in the employing

organization’s processes or procedures.

*** In the case of blanket petitions, the L-1B must be a specialized knowledge professional. There is no requirement,

however, that the person have acted in a “professional capacity” while abroad for purposes of meeting the one-year

requirement.

Write L-1B in the classification block.

General L Classification Requirements

Either a U.S. or foreign employer may file the petition.

The petition must be filed with:

1. Evidence establishing the existence of the qualifying relationship between the U.S. and foreign employer based on

ownership and control, such as: an annual report, articles of incorporation, financial statements, or copies of stock

certificates. Note: Whether such evidence will be sufficient to meet the petitioner’s burden of establishing such a

qualifying relationship will depend on the quality and probative value of the evidence submitted.

2. Evidence of the beneficiary’s employment for the required one year abroad in, as applicable, a managerial, executive,

or specialized knowledge capacity. Such evidence may include, but is not limited to, a letter from the beneficiary’s

foreign qualifying employer detailing his or her dates of employment, job duties, and qualifications, along with

supporting documentary evidence; and

3. A description of the proposed job duties and qualifications, and evidence showing that the proposed employment is in

an executive, managerial, or specialized knowledge capacity.

Evidence for a New Office

In addition to the evidence required under the General L Classification Requirements section above, if the beneficiary

is coming to the United States to open or to be employed in a new office in the United States, the petitioner must submit

evidence to show the following:

For managerial or executive capacity (L-1A):

1. Sufficient physical premises to house the new office have been secured;

2. The beneficiary has been employed for 1 continuous year in the 3-year period preceding the filing of the petition in an

executive or managerial capacity and that the proposed employment involves executive or managerial authority over

the new operation; and

3. The intended U.S. operation, within 1 year of approval, will support an executive or managerial position. This

statement should be supported by information regarding:

A. The proposed nature of the office describing the scope of the entity, its organizational structure, and its financial goals;

B. The size of the United States investment and the foreign entity’s financial ability to remunerate the beneficiary and

to commence doing business in the United States; and

C. The organizational structure of the foreign entity.

For specialized knowledge capacity (L-1B):

1. Sufficient physical premises to house the new office have been secured; and

2. The petitioner has the financial ability to remunerate the beneficiary and to commence doing business in the

United States.

NOTE: There are additional fees associated with certain L-1A and L1B petitions. Please see the “What is the Filing

Fee” section of these forms instructions for further information about these fees.

Form I-129 Instructions 01/17/17 N

Page 16 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 16

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