Blog | DeMine Immigration Law Firm

Navigating Expansion: How an L-1B Visa Secured Key Talent for a European Boat-Maker

Written by Indera DeMine, Esq | Aug 30, 2024 9:44:51 PM

Facilitating U.S. Growth with Specialized Skills through the L-1B Visa

Expanding into the U.S. market can be a complex process, particularly when a company relies on specialized skills that are not readily available in the local workforce. This was the challenge faced by our client, a custom boat manufacturer based in Europe, as they sought to bring their operations stateside.

The Challenge: Securing Specialized Talent

As our client prepared to establish their presence in the U.S., it became clear that the expertise required to replicate their European success was deeply embedded in their internal processes. They needed employees who were not only familiar with the company’s specialized manufacturing techniques but also trained in the intricate details of their proprietary designs and production methods.

Recognizing the need for this specific expertise, the company approached us about securing an L-1B visa for a key employee who possessed the specialized knowledge critical to their U.S. expansion.

What is an L-1B Visa?

The L-1B nonimmigrant classification allows a U.S. employer to transfer a professional employee with specialized knowledge from one of its affiliated foreign offices to an office in the United States. This visa is essential for companies like our client that need to bring over specialized talent to maintain consistency and quality in their operations as they expand internationally.

To qualify for the L-1B visa, the employer must:

  1. Maintain a Qualifying Relationship: The U.S. employer must have a qualifying relationship with a foreign company, which can be a parent company, branch, subsidiary, or affiliate.
  2. Operate in Multiple Countries: The employer must be doing business in the United States and at least one other country, either directly or through a qualifying organization, for the duration of the employee’s stay.

Our Approach: Making the Case for Specialized Knowledge

To secure the L-1B visa for our client’s key employee, we needed to demonstrate that this individual’s expertise was not easily transferable or replaceable within the U.S. workforce. Specifically, we argued that:

  • The employee’s specialized knowledge of the company’s proprietary boat manufacturing techniques was indispensable.
  • It would take several years to train U.S. workers to achieve the same level of proficiency, which would hinder the company’s ability to deliver their high-quality custom boats in the U.S. market.

Given the urgency of the client’s expansion timeline, we opted for premium processing, which expedites the review of the visa application.

 

The Result: A Swift and Successful Approval

Our strategy proved effective. Within just 15 days of filing, we received approval for the L-1B visa. This allowed our client to move forward with their U.S. operations, confident that they had the right talent in place to uphold the standards and success they had established in Europe.

Understanding the L-1B Visa: Debunking Common Myths

When considering an L-1B visa, many employers are concerned about potential pitfalls and misconceptions. Here are some key points to clarify:

  1. No Requirement for International Trade: While the business must be viable and operate in multiple countries, there is no requirement for it to engage in international trade.
  2. No Set Size for the Business: The size of the business does not determine eligibility, as long as the company meets the qualifying relationship and operational requirements.

If you’re exploring the possibility of expanding your business into the U.S. and need guidance on the L-1B visa process, please don’t hesitate to contact us at DeMine Immigration. We’re here to help you bring your specialized talent where it’s needed most.

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