If the employee cannot meet the criteria established under the L-1A visa requirements, then s/he may still be eligible under the “person with specialized knowledge” requirement established by INA § 101(a)(15)(L). In that case the employee must have knowledge that specifically concerns the company’s operations and that is not commonly held throughout the industry.
In the case of a specialized knowledge L-1B visa, the applicant will be admitted for an initial period up to 3 years and for a period of no more than 5 years. However, there must be sufficient evidence that the applicant is Specialized in the field that is helpful to the employer’s industry abroad and in the U.S. There are no caps for this visa.
The same evidence for the L1-A is submitted for the L1-B, however there is a greater emphasis on the applicant’s experience, education, and skills in order to qualify him as a specialist.
