This applies to foreign nationals from any country . the applicants proprietary knowledge of a particular business process or methods of operation must be unusual, not widespread across the organization, and not likely to be available in the Canadian labour market. 0000001515 00000 n 0000019764 00000 n immihelp.com is private non-lawyer web site. It is a sheet of paper with a set of predetermined questions that the members of the sample population respond to using a pencil or a pen. Although helpful and often dispositive, specialized knowledge does NOT have to be proprietary: The employer. I know exactly who to turn to the next time I have immigration need. This page was generated at 11:28 AM. The L1B has a maximum validity of 5 years. Workpermit.com's team of specialists has over 25 years of experience in immigration services, and have helped thousands of people to study and work in the US. It is also a cost-effective method of data collection. The American Immigration Lawyers Association (AILA) brought this problem to the attention of USCIS in its March 23, 2006, meeting and the received the following response: The regulation requires that USCIS has approved the change to managerial position at the time of the change. Are you aware of any technical writers? 2. It uses points to rank different opinions, thoughts, and experiences in line with the topic at hand and the overall research context. Immigration, Refugees and Citizenship Canada, Labour market impact assessment (LMIA) exemption codes International Mobility Program, International Mobility Program: Canadian interests Significant benefit Intra-company transferees [R205(a)] (exemption code C12), programs that are exempt from the in-Canada mandatory electronic application requirement, tool to determine prevailing Canadian wage, uncommon knowledge of the host firms products or services and its application in international markets; or. zRWbbh1z#iPYEM@F@t~"E!-(Z.NldY>UXkwFN) *4.c)'Q[lzl9Lu"%4\ A;V#3Q Likert scale questions are important for research because they can be used to measure someones attitude and determine the extent to which they agree or disagree with a particular question or statement. This improves the questionnaire response rates. It is sometimes referred to as an objective response question and it requires the respondent to choose the most relevant option from the available choices. endstream endobj 814 0 obj <>/Metadata 93 0 R/OCProperties<><><>]/ON[847 0 R]/Order[]/RBGroups[]>>/OCGs[847 0 R]>>/Outlines 158 0 R/PageLayout/OneColumn/Pages 808 0 R/StructTreeRoot 167 0 R/Type/Catalog>> endobj 815 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 816 0 obj <>stream As weve discussed in this article, there are different types of questionnaires you can choose from including telephone questionnaires and face-to-face interviews. They walked me through the process and answered all my questions. Specialized knowledge professional means an individual who has specialized knowledge as defined above and is a member of the professions, including, but not limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries. A dichotomous question is a type of close-ended question that has only 2 opposite answer-options. Note:If the specialized knowledge can be obtained by a short period of in-house or on-the-job training, it likely is not very specialized. Specialized knowledge means special knowledge possessed by an individual of the petitioning organizations product, service, research, equipment, techniques, management, or other interests and itsapplication in international markets, or an advanced level of knowledge or expertise in the organizations processes and procedures. It is an effective method of data collection in market research. General How are you? To have specialized knowledge any ICT applicant would be required to demonstrate, on a balance of probabilities, a high degree of both proprietary knowledge and advanced expertise. L1B visas are initially granted for 3 years (if transferring the employee to an existing US office) or 1 years (if opening a new US office) extendable to a maximum of 5 years. Please note that due to the subjective nature of L1B Specialized Knowledge this is not an exhaustive list. - I am not an Attorney, hence not giving any legal advice. Have you already been to the U.S.? If a worker possesses the high standard of specialized knowledge that is uncommon in a particular industry, then the salary or wage should be consistent with such a specialist. A questionnaire has a uniform design that supports standardized data collection. Visit insubuy.com or call +1 (866) INSUBUY or +1 (972) 985-4400, Visit insubuy.com or call 1 (866) INSUBUY or +1 (972) 985-4400, L-1B Visa: Specialized Knowledge Professional. 0000004356 00000 n 0000008981 00000 n The employer should NOT have to prove that there are no available workers in the US. In order to ensure approval, it is important, wherever possible, to demonstrate that the foreign national does in fact possess the described specialized knowledge. immihelp.com is private non-lawyer web site. . 0000015826 00000 n . It can be used to collect research data from members of your research population who do not have access to other questionnaire types. Specialized knowledge means special 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. Although ICT applicants are not required to meet specific NOC criteria, a good case for specialized knowledge could involve high TEER categories (TEER 0, 1, 2 or 3), with the appropriate degree and extensive experience in a company. This definition has been expanded further as follows: Proprietary knowledge is company-specific expertise related to a company . The questions listed in a questionnaire are structured to increase the response rate. L-1A Visa Interview Questions 7. Evidence of the foreign national's education and training in the area of such knowledge in the industry. At the threshold, specialized knowledge is proven through the employers supporting documentation. The type of evidence that USCIS is looking for includes, but is definitely not limited to: The August 2015 L1B Memo gives additional tips on how to prove specialized knowledge and shows that the term does not need to be narrowly construed. 0000007182 00000 n Evidence of increased sales, decreased costs, or other tangible benefit attributable to the foreign national's specialized knowledge. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. If the officer is not satisfied that the applicant is eligible for the Specialized Knowledge Labour Market Impact Assessment (LMIA) exemption category, the application should be refused as per the regular refusal procedures. %PDF-1.5 % 0000003216 00000 n 0000006400 00000 n Things to remember: The regulations limit the availability of the full seven years of L-1A status for someone originally admitted in L-1B status to where a promotion occurs from a specialized knowledge position to a managerial or executive position. How does our product help you to meet your goals? The L-1 Visa Intra-Company Transferee is available to employees of multi-national companies who are being transferred to a parent, subsidiary, branch, or affiliated company in the US. An online questionnaire is a set of standardized questions that are put together and distributed via online channels. While foreign nationals rank or compensation may be used by the employer to evidence that the individual does have specialized knowledge, rank and compensation should not be used by USCIS to discount the existence of specialized knowledge. This provision caused some concern among immigration advocates because there were denials in the past at some USCIS. L-1B Visa Interview Questions 8. If you are unsure what evidence to provide please contact us: Details of any special training the employee has undertaken, which sets them apart from other employees with similar levels of experience.These details should: Describe the training program, including duration and completion dates, and number of hours spent in training, Include any certificates awarded to the employee for the program, Explain how the training is unique or different from that received by other employees, Say how many other employees have completed the same program, Details of any patents held by the petitioning organisation thanks to the employee's specialized knowledge, Details of any published material in trade or professional journals which indicate the employee's specialized knowledge. 0000001743 00000 n hb```e``"@ 9N ZCV@QsL#O0Z9swgACd _YQ |r}DG1ogz As weve discussed in this article, there are different types of questionnaires you can choose from including telephone questionnaires and face-to-face interviews. 4. The change to managerial or executive capacity must have been approved by USCIS in an amended, new, or extended petition at the time that the change occurred. Specifically, the regulations read: When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. 0000001687 00000 n To be proprietary, the knowledge must relate to something which relates exclusively to the petitioners business. L1B Specialized Knowledge: Do You Qualify? Changing status from L-1B to L-1A would be a good strategy because the employee will be entitled to a 7-year maximum stay on L-1A as compared to 5-year stay on L-1B. Be doing business in the U.S. as an employer and at least one qualifying foreign related entity but also be doing business for the duration of the L1B. When you have a face-to-face interview with respondents, you gain better insight into the context of their answers to your question. The onus is always on the applicant to support their application with credible documentation and explain in full the purpose and scope of their work in Canada, either in writing or at an interview. The employee that is transferred must work for the US company as a manager, executive, or . 0000017292 00000 n However I am looking for a technical writer with whom I can discuss about my company, my current job roles & responsibilities etc or whatever needed to provide support in this case. Of course, the alien must be eligible to receive L1A on its own. It is a good way to collect anonymous responses from the target audience. Newspaper or trade journal articles which detail the unusual nature and/or value of such knowledge in the industry. job descriptions that outlines the level of training acquired, degrees or certifications obtained in the field, list of publications and awards (where applicable). It is an expensive method of data collection. their knowledge is proprietary to the company, they have a thorough understanding of the enterprises products/services that cannot be obtained anywhere except from working for the enterprise, their expertise must not be solely industry-related, which any electrician would possess based on their duties. a detailed description of the work to be performed in Canada. Description of the applicants advanced proprietary knowledge with company. It can only be used when you have a small sample size that has physical proximity. On the other hand, if you want a flexible instrument to collect responses from a target audience, go for a questionnaire. _xv/KeOib:'n0,',~TH@AF|\amwwB@`b"z. Some of the commonly asked questions are: Have you ever been employed in the United States? Would you like to have something to drink? Appreciate the quick response. All rights reserved. Questionnaires are used to collect both qualitative and quantitative data from respondents. All applications for US visas are dealt with in-house by a US qualified lawyer who is likely to be a member of the American Immigration Lawyers Association (AILA). Use open-ended questions in your questionnaire when you want to collect qualitative responses for your research. Only allowances compensated in monetary form and paid directly to the employee are to be included. 0000003491 00000 n Specialized knowledge professional means an individual who has specialized knowledge as defined above and is a member of the professions, including, but not limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries. For those without such proprietary knowledge applications are likely to be closely scrutinised. To meet the L1B definition workers must generally be key employees who have unique or rare qualifications and/or knowledge of the company's products, services, research, systems, proprietary techniques, management, or procedures that sets them apart from others in the company or industry with similar levels of experience. I am looking for some sample answers for the questions around specialized knowledge. As long as the L-1A petition is approved prior to completion of 4.5 years on L-1B visa, they would be fine. Of course, the following list of questions is not an exhaustive one. For a person with a high TEER category position, an appropriate degree and only 1year in a company, a case has to be made by the client as to how the person possesses both proprietary knowledge and advanced expertise. from respondents. 887 0 obj <>stream The petition for change of status to L-1A from L-1B can only be filed after being employed at least six months in a managerial or executive capacity. is one that gives respondents more than 2 answer-options to choose from. In order to extend status beyond the 5th year, the L1B employee can change to another nonimmigrant work visa status like L1A, H1B, or O1, if eligible. Q.Will both the foreign company and the U.S company remain open, active and viable for the entire duration of the employment in the U.S.? nU*sxi2Ts\I}1r}0-4[iKaUx{wE2k_YShz9D8*^mg*ZeH73HRb~04k3t}yJ8,|=?L+ =tl3'v[XC $q0ZjjFnQ d=>\^lS'[W7;8p(/`&=L# +93Dq3A@B<9_KFSJ 3 830 0 obj <<968af2187461e89d3f19549b415269a5>]>>stream Note:A mandatory wage policy is not required for foreign national entering Canada under R204 Canada International Agreements (for example, CUSMA). Through this method, you can obtain qualitative and quantitative information from respondents. The choice of your questionnaire distribution channel can affect questionnaire response rates. Given the nature of specialized knowledge, the worker will not normally require training at the host company related to the area of expertise. This could be made based on length of experience, level of knowledge, or level of responsibility e.g., the person has been made responsible for more complicated and/or sensitive projects. It can be difficult to classify neutral responses like neither agree nor disagree. The aliens specialized knowledge is distinguished by some unusual qualification and not generally known by practitioners in the aliens industry. For example, a three-month offer does not mean specialized knowledge is not required or may not be beneficial to Canadian employees in such a short period. They also provide better context for the research data by helping you to see things from a respondents point of view. This is a type of psychometric question that measures the respondents perception or opinion on a topic or subject matter. This questionnaire method is best used when you have a small set of questions that can be responded to quickly. Although questionnaires are a common tool for research, a lot of people still dont know what kind of questions should be included in their questionnaire. hbbd```b``a i&"$XLT`v *`4e"BA${$] I`lG0@$? 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