Specialized knowledge

Guidance on L-1B “Specialized Knowledge” Standard

U.S. Citizenship and Immigration Services’ (USCIS) Policy Memo of March 2015 (“Memo”) clarifies the L-1B visa “specialized knowledge” standard, providing an authoritative and consolidated guidance on the L-1 visa program.

“Specialized knowledge” under Statutory Laws and Regulations

Under the Immigration and Nationality Act (INA 214(c)(2)(B)), an employee possesses specialized knowledge if he or she has: (1) a “special” knowledge of the company product and its application in international markets; or (2) an “advanced” level of knowledge of the processes and procedures of the company. The corresponding Code of Federal Regulations (8 CFR 214.2(l)(1)(ii)(D)) similarly defines specialized knowledge in terms of “special” or “advanced” knowledge: [S]pecial knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

Statistically, most challenges in L-1B adjudications have centered around the “specialized knowledge” definition and how USCIS interprets and applies it, resulting in inconsistencies in adjudications and sometimes, high rates of denials. As reported by Forbes, over the past 7 years, across parts of three presidential administrations, the USCIS denial rate for L-1B petitions has averaged a very high 28.2%, according to a National Foundation for American Policy (NFAP) analysis of government data.

The Memo attempts to clear the air surrounding the interpretation of “specialized knowledge” by giving guidance on what it takes to demonstrate specialized knowledge.

Key Points of the Memo

“Specialized Knowledge” Definition

The Memo provides that an individual seeking L-1B classification should have:

(i) Special knowledge which is knowledge of the petitioning employer’s product, service, research, equipment, techniques, management, or other interests and its applications in international markets that is distinct or uncommon in comparison to that generally found in the particular industry or within the petitioning employer; or (ii) advanced knowledge, which is knowledge or expertise in the 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.

Application of the “Specialized Knowledge” Standard

The Memo elaborately describes how adjudicators should determine whether an individual possesses “special” or “advanced” knowledge in a given case. It explains that such evaluation inherently requires a comparison of the beneficiary’s knowledge against that of others. The petitioner is required to demonstrate that that the beneficiary’s knowledge is not commonly held throughout the particular industry. For knowledge to be considered specialized, it need not be proprietary in nature or narrowly held within the petitioning organization. Furthermore, an L-1B employee does not require to have BOTH advanced and specialized knowledge to qualify for the classification.

In determining whether knowledge is advanced or special, essentially the same factors and criteria outlined in the Memo apply. The key distinction is whether the knowledge refers to the particular company’s product, service, research, equipment, techniques, management or other interests and its application to international markets or uncommon knowledge of the company’s processes and procedures.

The Memo outlines a list of non- exhaustive factors that USCIS may consider while determining whether knowledge is specialized, which include:

  • Whether the beneficiary possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization’s U.S. operations.
  • Whether the beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the employer’s productivity, competitiveness, image, or financial position.
  • Whether the beneficiary’s claimed specialized knowledge normally can be gained only through prior experience with the petitioning organization.
  • Whether the beneficiary possesses knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education).
  • Whether the beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the firm.
  • Whether the beneficiary possesses knowledge that is particularly beneficial to the employer’s competitiveness in the marketplace.

USCIS also highlights the following points related to “specialized knowledge” when adjudicating L-1B petitions: (i) Specialized knowledge cannot be easily imparted to other individuals; (ii) Specialized knowledge need not be proprietary or unique to the petitioning organization; (iii) L-1B classification does not involve a test of the U.S. labor market; (iv) specialized knowledge need not be narrowly held within the petitioning company; (v) employees need not occupy managerial or similar positions or command higher compensation compared to their peers; and (vi) eligibility for another non-immigrant classification is not a bar to eligibility for L-1B classification

“Preponderance of the Evidence” Standard

The Memo confirms that the petitioning company must establish by a preponderance of the evidence that the company meets each eligibility requirement of the L-1B visa category. It directs officers not to apply higher standards of review such as “beyond a reasonable doubt” or

by “clear and convincing evidence.” Instead, an L-1B petitioner will have satisfied the standard of proof if the evidence submitted leads to the conclusion that the claim is “more likely than not” or “probably” true.


This article has been written by Zeenat Phophalia, Esq. Of Counsel, Davies & Associates, India Office.

Zeenat Phophalia is qualified to practice law in New York, United Kingdom and India. She practices in the area of U.S. immigration law with a focus on business immigration, and has represented corporate clients including large and medium sized companies and startups across sectors such as IT, consulting, consumer goods, manufacturing and telecommunications.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.


Technology Visas

Who Actually Qualifies for the L-1 Intracompany Transfer Visa for Managers & Executives?

Immigration Attorney Zeenat Phophalia delves into which staff members are eligible for the L-1A Visa and what constitutes a personnel manager and a function manager.

The L-1 visa classification for intracompany transferees comes in two categories: L-1A (managers and executives) and L-1B (special knowledge workers).  The L-1A allows a foreign company to transfer managers and executives to its related U.S. parent, subsidiary, affiliate or branch office. 

An L-1A manager is generally someone who supervises and manages professional, managerial or supervisory employees, as evidenced by a clear chain of workers reporting up to such manager. 

In addition to this “personnel” manager role, the L-1A classification allows for what is known as a Function Manager – someone who manages an essential function within the organization. 

While the standard applicable to a personnel manager who manages employees is well established, there had been lack of guidance and clarity on what needed to be proven to qualify as a function manager. 

In 2017, the USCIS, provided guidance by adopting the Administrative Appeals Office (AAO) decision in Matter of G- Inc., that sets forth a five-prong analysis to determine L-1A function manager qualification.

Matter of G- Inc. clarifies that, to establish that a beneficiary/employee will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that:

  • (1) the function is a clearly defined activity;
  • (2) the function is “essential,” i.e., core to the organization;
  • (3) the beneficiary will primarily manage, as opposed to perform, the function;
  • (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed;
  • (5) the beneficiary will exercise discretion over the function’s day-to-day operations.

An essential function, as noted by the AAO, in the above decision, is a function that is “fundamental,”core” or “necessary” to the company’s business and one that the manager will manage versus performing. 

An organization could have more than one core activity “such as the manufacture or provision of an end product or service, and research and development into other products or services,” as was noted by the AAO.  

While assessing the essential function prong and the other criteria, USCIS will typically evaluate the entire record: overall organizational structure and hierarchy; description of the manager’s duties – products, services or component that he will manage; seniority within the organization; nature of administrative support if any; and so on. 

Often times, it can be harder for smaller organizations to establish that a function is a clearly defined activity and fundamental to the business.  That said, the best approach would be to explain the function with as much specificity as possible while emphasizing the core and essential nature of the activity/function vis-à-vis the organization and its impact on business, and justify how the employee will manage the function at a senior level within the organization.

The adopted decision in Matter of G- Inc establishes policy guidance that USCIS adjudicators are bound by and obligated to follow; it does not apply to the Department of State and so consular posts abroad are not bound by the decision, often times leading to conflicting and different interpretations of the scope of a function manager by consular officers.

To learn more about the L-1 Visa, please click here to contact us and request and appointment.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


US Immigration Lawyer

Celebrating Three New L1 Visa Approvals Last Week

Our firm is celebrating the approval of three L1 visas this past week. The clients are from as far and wide as India and Canada, and the business sectors range from IT to construction. Read more below.

The L1 Visa permits the intracompany transfer of qualifying employees from the overseas branch to the US branch of a related company. You can either move staff to an existing office in the US or establish a new one (a New Office L1). Managers and executives may be eligible for an L1 visa that is renewable up to a maximum of seven years, while specialized knowledge employees may apply for an L1B visa, which is renewable up to five years. L1 visa holders are permitted to seek permanent residency (Green Cards), for example under the EB1C Visa route for international managers and executives.

Read more about L1 Visa

  1. L1A for a manager of construction and landscaping materials company in Canada

The Canadian Company, engaged in supplying construction and landscape materials in the Province of Ontario established presence in the US by acquiring an existing stone and construction equipment supply company in Florida. The petition was filed on behalf of the beneficiary to grow and expand the business.

  1. L1A for an Executive of an Importer and Wholesaler of Home Décor and Fragrances from India

The US company was set up to expand the operations of the Indian entity which has been engaged in importing and wholesaling of home décor and fragrances. The US Company will be selling products from India to brick-and-mortar stores as well as online. They are planning to have at least three warehouses that will allow the company store and easily service its clients. In addition, the Company will engage in the export of products to other countries, including Canada and the United Kingdom, as well as countries within the European Union and across Latin America.

3. L1B for a Cloud Solution Architect from India. 

The Petitioner provides a multi-cloud governance platform used to manage cloud resources in public cloud like AWS, Azure, Google Cloud etc. The goal of cloud governance is to enhance data security, manage risk, reduce cost and enable the smooth operation of cloud systems.  As a cloud governance provider, the Petitioner helps companies rapidly achieve continuous and autonomous cloud governance at scale across Financial operations (FinOps), Security Operations (SecOps) and Cloud operations (CloudOps).  

The Petitioner enables organizations with multi-cloud strategies and business models to monitor, act, and report from a single, unified dashboard. By building a secure, high-performing, resilient and efficient infrastructure with nextGen multi-cloud governance, the company helps achieve continuous and autonomous Cloud Governance at scale.

If you are interested in learning more about the L1 Visa or starting an application, contact us for a free consultation.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


L-1 Visa for Manager of Small Business

L-1 Visa: Are Managers of Small Businesses Eligible?

In our latest video, our Senior Immigration Attorney Verdie Atienza dispels the myth that managers and executives or small businesses are not eligible for the L-1 Visa. The L-1 Visa allows for the transfer of management-level employees from the overseas office to the US office of the same company.

D&A Immigration Lawyer Verdie Atienza discusses L-1 Visas for Small Businesses

There is a widely held preconception that only big multinational firms are eligible for this visa because many of the recipients of L-1 visa work for large multinational companies. But that does not mean small and medium sized enterprises (SMEs) are not eligible. In fact, you do not yet need to have established the US entity in order to pursue the L-1 route.

Davies & Associates helps a growing number of businesses pursuing the New Office L-1 route. This is where our team of corporate lawyers assist you with setting up the US office and then our immigration attorneys assist you with the employee transfer under L-1 Visa category.

As Verdie explains in the video, the company must have a relevant relationship with the new US office. That could be parent, subsidiary, affiliate or branch. The important thing to look for in a law practice is one where the corporate and immigration teams work closely together because it is vital to ensure the US office is structured in a way that complies with the immigration regulations.

The L-1A Visa targets managers and executives and is valid for up to seven years. The L-1B targets employees in the company that hold specialized knowledge and is valid for upto five years. The initial validity period of an L-1 Visa (i.e. before renewal is required) depends on your country of origin and can be found in the State Department’s Reciprocity Schedule. New Office L-1 Visas are initially granted for one year so the authorities can check on the progress of the business sooner.

Contact Verdie the L-1 Visa Lawyer to discuss your specific interests and circumstances. In addition to L-1 Visa, Verdie also manages our firm’s E-2 Treaty Investor Visa practice.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


L-1 Visa petition for Indian

L-1 Visa Client from India Approved in Just 9 Days

In a matter of just nine days, the US authorities approved an L-1 Visa petition for one of our clients. Whilst the client had a strong case, the careful preparation of the application by the D&A team meant there were no Requests for Evidence that are common for L-1 visas.

Requests for Evidence from Visa Applicants

Our client is a Chief Technology Officer of an Indian cargo security and IoT (internet of things) solution development company. We prepared and filed his  Visa L1 USA application. The L-1 Visa permits the transfer of managers, executives, and specialized knowledge employees to the US office of the same company.

The petitioning US company opted for premium processing which requires an additional payment of $2,500 to USCIS. While premium processing is expected to expedite the process, the US Citizenship & Immigration Services has been issuing Requests for Evidence (RFE) on most L-1 Visa petitions.

Depending on how massive the RFE is, the process could still be delayed for an additional period of 30-60 days even with premium processing.  D&A’s strategy has been to anticipate each and every single document that USCIS could potentially request for and prepare the strongest petition possible. With this approach, we minimize the possibility of getting RFEs or eliminate that possibility altogether.

L-1 Visa for Innovation and Tech Companies

The Indian parent company, where the L-1 Visa beneficiary is currently employed, has developed and patented an electro-mechanical locking system which consists of security lock and can be installed inside container vehicles. The subsidiary company in the US was set up to aggressively establish, develop and grow its business in the United States. The L-1 Visa beneficiary will serve as Chief Executive Officer (CEO) of the US company. In the said capacity, he will play a vital and leadership role in the accomplishment of the parent company’s expansion strategy.

The L-1 Visa beneficiary’s comprehensive knowledge of the solutions developed by the Indian parent will enable him to fully direct the US company’s efforts to enhance product insertion among companies throughout the United States. He will be fully responsible for all crucial executive functions, such as the company’s strategic positioning, financial management and sales operations. He will lead the company in developing and implementing strategic plans to achieve overall business objectives. His executive responsibilities will further entail cultivating business relationships with important U.S. clients.

What is an L-1 Visa

The L-1 Visa permits the transfer of an employee to the US office of your company. The L-1A visa targets management-level employees and the L-1B is aimed at employees with “Specialized Knowledge”. As the C.T.O of the firm, this particular L-1 Visa from India client was eligible for the L-1A visa, which is renewable upto a maximum of seven years. The L-1B is renewable upto a maximum of five years.

This client obtained what is known as a “New Office L-1 Visa”. This is where a new US office is established as part of the L-1 Visa process. The majority of L-1 visas are issued to employees of firms who already have established US entities. Yet, applications for New Office L-1 Visas are a growing fast. By setting up a new US entity, it is then possible to move a manager to the US to oversee the establishment and growth of that firm. New Office L-1 Visas are initially granted for upto one year so the USCIS can review progress, but ultimately have the same maximum validity period as any other L-1A or L-1B visa.

*** UPDATE ONE WEEK LATER ****

D&A has once again successfully prepared an L-1A petition for an executive of a foreign affiliate company. The L-1A petition was approved in 10 days without a Request for Evidence. The affiliate company in Greece is a software company which provides fully integrated, end-to-end business solutions, tailored to each customer’s needs and requirements. It specializes in building High Performance Software based on client driven specifications, aiming to act as business enablers rather than as simple IT product developers. The US Company was established to sell the foreign affiliate company’s set of fully integrated, end-to-end software and systems solutions services that will be tailored to each client’s needs and preferences and thus allow clients to achieve better financial returns, new sources of revenue, and reduced costs. The Company will work with clients to both activate data and optimize teams to analytically power their organizations. 

The L-1A beneficiary is a seasoned professional recognized in the corporate scenario as an innovator and leader in the software and systems solutions product and services industry in Greece. He has built a top-ranked software and systems solutions company with innovative software products to clients in a variety of industries, such as media, automotive, financial, governmental, real estate, shipping, healthcare, and education. 

Contact us to discuss the L-1 Visa or any other global immigration and business goal.

CONNECT WITH VERDIE ATIENZA Verdie heads up our firm’s L-1 & E2 Visa Practices


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


L-1A Intracompany Transfer Visa Client Testimonial

India L-1 Visa Client Testimonial

Davies & Associates helped a client from India obtain an L-1A Intracompany Transfer Visa despite the pandemic. The L-1A Visa allows for the transfer of a management or executive-level employee from the overseas office to the US office of the same company. The L-1B Visa allows the same for an employee with specialized knowledge.

It is possible to set-up a new US office and transfer yourself or a member of staff to the U.S. to grow the U.S. operation. L-1 Visa applicants can take a spouse and children under the age of 21 with them. Spouses can apply for work authorization.

The L-1A Visa is limited to a maximum of 7 years and the L-1B visa is limited for a maximum of 5 years. The validity of the initial visa will be less than the maximum and initial validity depends upon country of origin and whether or not the applicant is applying for a New Office L1.

The L-1 has no annual quotas. It is possible to transition to a Green Card. Typically this is through the EB-1C visa but the EB-3 visa is also an applicable option.

Learn more about the L-1 Visa by clicking here.

View our latest L-1 Visa Client Testimonial Here

In the words of the client:

“I am pleased to say that with the help of Davies and associates actually significant amount of help from them we have made a successful application and in the next few weeks i will start my new role with my uh existing uh organization uh nowhere was i felt that you know this is out of depth very very clear expectations in terms of uh personal documents that are needed workplace documents that are needed subsidiary company documents that are needed you know and this is the first attempt from my organization site to uh transfer uh indian workers uh or indian managers i would say uh to the us uh for uh managerial and senior managerial roles it took us some time there were a few road uh roadblocks along the way where um suddenly due to cove 19 the u.s immigration services made a temporary ban on issuance of visa but the organization which is u.s immigration services division associates were very very clear in communicating to me that this is a temporary hurdle and there are uh options available to us right so yes it took us nine months uh with certain changes uh significant changes in the u.s immigration policy and yet nine months later we’ve had a successful application converted to a visa for three years and uh i myself am going to be going back to them uh for a eb1c um later this year so yes overall they’re 10 on 10 in terms of feedback in terms of transparency of the process documentation was up to mark in fact there was a point where i was kind of wondering the amount of documentation that we have generated would somebody actually read through it and they actually read through everything they designed a business plan around the documents that were submitted uh and we moved forward very very quickly uh once everything was you know as per expectation so they kept going back to the drawing board until they were satisfied that the us immigration services will be satisfied with the uh our case application that we have provided and you know that’s the type of people you want in your team uh when you’re making uh an application uh visa application in a challenging uh immigration policy environment that we faced in 2020 so overall i i just want to say thank you and i appreciate all the hard work that uh Davies and associates and their consultants and their lawyers did on my behalf so thank you very much Davies and associates we’re a full service immigration law firm we have a core team of immigration specialists that will guide you through every step of the visa process in addition to that we have a core corporate team our corporate lawyers assist our foreign clients such as investors entrepreneurs foreign businesses seeking to expand or invest into the united states with a full suite of corporate services this can involve company formation and the drafting of key corporate documents establishing the u.s bank accounts and getting the necessary tax id numbers reviewing a commercial lease amongst many other items that our clients find necessary and useful for their business in their early stage operations in the united states”


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.