Temporary Work Visas

 A manager is an employee who primarily:

 * Manages the organization, department subdivision, function, or component.

* Supervises and controls the work of other supervisory, professional, or managerial employees or manages an essential function within the organization or a department or subdivision of the organization;

* Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; and

* Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

The term “executive capacity” means an assignment within an organization in which the employee primarily:

1. Directs the management of the organization or a major component or function of the organization;
2. Establishes the goals and policies of the organization, component, or function;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization. 8 CFR Sec. 214.2(l)(1)(ii)(C).

• One continuous year of employment abroad for a parent, branch, affiliate, or subsidiary of the U.S. petitioning company.   
• The employment abroad must have been in a  managerial or executive capacity.
• 3-year initial approval + 2-year extensions up to a total of 7 years.

If a qualified beneficiary will be rendering services in a capacity that involves “specialized knowledge,” the beneficiary may be classified as an L-1B nonimmigrant alien.

Section 214 (c) (2)(B) of the Act. 8 U.S.C. §1184 (c)(2)(B) provides the statutory definition of specialized knowledge:

For purposes of section 101(a)(15)(L), an alien is considered to be serving in a capacity involving specialized knowledge concerning a company, if the alien has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.

Furthermore, the regulation at 8 C.F.R. §214.2(l)(1)(ii)(D) defines specialized knowledge as:

Special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interest and application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

According to USCIS Policy Memo issued on August 21, 2015, to qualify for an L-1B visa, an employer must demonstrate that the relevant employee meets at least one of two standards:

(1) “special” knowledge or (2) an “advanced” level of knowledge.

To demonstrate “special” knowledge, employers must compare the beneficiary’s knowledge to that of other similarly situated workers in the specific industry. USCIS defines “special” knowledge as:

knowledge of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets that is distinct or uncommon compared to that generally found in the particular industry (emphasis in original).

Employers may instead elect to establish the employee’s “advanced” knowledge. To meet this burden, the employer must present evidence that the beneficiary’s knowledge of the processes used specifically by the company surpasses the basic level of knowledge obtained by others in the company and the industry. USCIS defines “advanced” knowledge as:

knowledge or expertise in the petitioning organization’s specific processes and procedures that is not commonly found in the relevant industry and is greatly developed or further along in progress, complexity, and understanding than that generally found within the employer (emphasis in original).

In determining whether an employee has specialized knowledge, be it “special” or “advanced,” USCIS has identified a non-exhaustive list of factors that adjudicating officers should consider. These include the time sensitivity of the employer’s business need and the employee’s record of improving the employer’s business.

The memorandum clarifies that the beneficiary’s knowledge need not be proprietary in nature or narrowly held within the petitioning organization. However, suppose a company employs many employees with the same claimed specialized knowledge. In that case, the agency will question whether the knowledge is, in fact, specialized.

• One continuous year of employment abroad for a parent, branch, affiliate, or subsidiary of the U.S. petitioning company. 
• Employment abroad must have been in a specialized knowledge capacity.
• 3-year initial approval + a 2‑year extension for a total of 5 years.

O-1A is for scientists, athletics, and business.

Employer or Agent Sponsor. The O-1 visa requires a contract with a U.S. employer or agent. Therefore, you may not self-petition for an O-1.

Advisory Opinion. O-1 visa petitions must also include an advisory opinion from a trade or consulting organization, or a reputable peer group stating that the individual does have a sustained reputation of extraordinary ability.

Extraordinary Ability. To qualify for an O-1A temporary visa, the individual must have extraordinary ability in science, athletics, or business.

CRITERIA FOR O-1A “EXTRAORDINARY ABILITY”

The individual must either demonstrate a one-time achievement at the caliber of an Olympic Medal or Nobel prize or satisfy at least three of the following criteria:

1. Receipt of lesser nationally and internationally recognized prizes or awards for excellence in the field of endeavor;
2. Membership in associations in the field which require outstanding achievements of their members, as judged by experts in the field;
3. Published materials about the individual in professional or major trade publications, or appearance/published materials about the individual in other major media;
4. Participation, either individually or as part of a panel, as a judge of the work of others in the field (including having served as a reviewer/referee for articles to be published, on discussion and advisory panels, etc.);
5. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Authorship of scholarly articles in the field, as published in professional or major trade publications or in other major media;
7. Serving in a critical or essential capacity for organizations or establishments that have a distinguished reputation; and/or
8. Commanding a high salary or other significantly high remuneration for services compared to others in the field.

• The job offer must demonstrate that you are coming to work in your area of extraordinary ability.
• Up to 3-year initial approval + 1-year extensions, with no maximum duration of status and no annual numerical limit.

O-1B is for artists.

Employer or Agent Sponsor. The O-1 visa requires a contract with a U.S. employer or agent. Therefore, you may not self-petition for an O-1.

Advisory Opinion. O-1 visa petitions must also include an advisory opinion from a trade or consulting organization, or a reputable peer group, stating that the individual does have a sustained reputation of extraordinary ability.

Extraordinary Ability. To qualify for an O-1B temporary visa, the individual must have extraordinary ability in art.

CRITERIA FOR O-1B “EXTRAORDINARY ABILITY”

For O-1B purposes, extraordinary ability is defined as “distinction” in the arts. The distinction can be shown through a one-time major achievement such as an Academy Award, Emmy, Director’s Guild Award, or evidence of at least three of the following:

1. Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by reviews, advertisements, publicity releases, publications, contracts, or endorsements;
2. Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
3. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publications;
4. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating, or standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
5. Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which you are engaged, with the testimonials indicating the author’s authority, expertise, and knowledge of the alien’s achievements;
6. As shown by contracts or other reliable evidence, a high salary or other substantial remuneration for services in relation to others in the field.

• The job offer must demonstrate that you are coming to work in your area of extraordinary ability.
• Up to 3-year initial approval + 1-year extensions, with no maximum duration of status and no annual numerical limit.