Education Requirement for L1

[ajax_usa]

Hi,

My employer has decided to file L1 Visa for me but when asked to travel desk they suggested that I can't proceed for application as I have a degree of B.E (Civil) due to which I will not be able to file application for L1 from IT industry to work in US. I want to know if, is there any such restriction present for application or not. If yes then any solution which can allow me to go through process. I do have experience for a product which requires specialized knowledge, and 6 years of total work experience too.

Thanks in advance.

[raghvi]

Hi,

My employer has decided to file L1 Visa for me but when asked to travel desk they suggested that I can't proceed for application as I have a degree of B.E (Civil) due to which I will not be able to file application for L1 from IT industry to work in US. I want to know if, is there any such restriction present for application or not. If yes then any solution which can allow me to go through process. I do have experience for a product which requires specialized knowledge, and 6 years of total work experience too.

Thanks in advance.

There is no such requirement. Due to recent scrutiny and many rejections of L1As and L1Bs by USCIS, travel desk/immigration teams of various organizations have become extra cautious and are filtering out candidates who might face rejection by USCIS before going ahead and applying for L1A/L1B and spending time, effort and money.

Many of the L1Bs are rejected around "specialized lnowledge" clause. Depending upon the officer who is reviewing the case, sometimes the USCIS officer overseeing a particular case considers an IT related education relevant for proving ones specialized knowledge in an IT product. So its all case to case basis.

Also, when you say you have experience of the product,the VO may ask you " Have you developed this product?".

So, do a critical analysis of ones skills, ask some questions as to what makes one "unique", how many people in the team can do what is beign done by you? How many people in the industry belong to your skill sets etc etc. And if you still feel you qualify, I would suggest you convince your management to file your L1B.

This is my opinion not legal advice.

[ajax_usa]

thanks a lot