It implies that the company has not divulged specifications that would allow other companies to duplicate the product or service. USCIS should not deny the L1B petition just because there are other employees within the company that have the same or similar specialized knowledge. Good luck to you. It can be filed the last day if need be, so long as the change occurred at least six months ago. As set out in Canadas commitment in the General Agreement on Trade in Services (GATS), an ICT Specialized Knowledge worker must possess knowledge at an advanced level of expertise and proprietary knowledge of the companys product, service, research, equipment, techniques or management. This website uses cookies, some of which are essential for the functionality of the website while others are for improving user experience and personalization. It gathers data from respondents through a set of questions that are administered via online data-collection platforms like Formplus. To be proprietary, the knowledge must relate to something which relates exclusively to the petitioners business. The stem is the actual question being asked; the answer is the right response to the question and the distractors are the other available choice options. The employer should NOT have to prove that there are no available workers in the US. Dichotomous questions are used to collect quantitative information from respondents, and to also eliminate unnecessary complexities in data collection. 0000003966 00000 n
The L-1B, while it has its share of issues to watch out for, can be a very useful tool in the immigration toolbox of any company doing business in the US. Such a specialist would typically receive an above average salary; therefore, a wage floor set at prevailing wage levels will establish a baseline for the assessment of an application. . It is posted on the departments website as a courtesy to stakeholders. Here, the researcher places a direct call to different members of the survey sample and asks a set of predefined questions that are relevant to the research context. What visa are you applying for? Although helpful and often dispositive, specialized knowledge does NOT have to be proprietary: The employer. The L1B has a maximum validity of 5 years. Thank you VisaPro! 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. Since the questionnaire is created and administered online, it makes it easy for you to gather responses from a large pool of respondents. Home Visas L Visa L-1B Visa: Specialized Knowledge Professional. Q.Does a qualifying relationship exist between the U.S. company and the foreign company abroad? The purpose of a questionnaire is to build up your research dataset by asking standardized questions to help you get the right answers. Therefore, with regard to a promotion at or during the last six months, premium processing would be the option. - I am not an Attorney, hence not giving any legal advice. It combines different question types like close-ended and open-ended questions that allow you to extract large volumes of data from respondents, even when the researcher isnt available to coordinate data-collection firsthand. 0000013255 00000 n
L-1A may also pave way towards a quicker route to Green Card. Details of the position in Canada including the title, the job description and your position in the company structure. 845 0 obj
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O~UQYO_7~ilF+jn5;. Description of the applicants proprietary knowledge of company services and its application to Canada. This section is aimed at ascertaining your personal information, background, and your knowledge about the U.S. Passport and travel-related questions dominate this segment. Therefore if the filings were to be combined after the beneficiary was in the promoted position would not meet the requirement that the beneficiary has been in the position for six months since the petition record would only reflect the original position. 0000006654 00000 n
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/Title (What is OECD/PISA? While the overall structure and presentation of your questionnaire depend on the type of research plus the information you want to get from respondents, there are common characteristics you can find in every questionnaire. If a labor certification has been filed for the beneficiary in the, A beneficiary may change from L-1B to L-1A if the US position qualifies, even if the beneficiary was never a manager or executive in the foreign office. Healthcare Compliance Forms and Tools is a collection of sample policies, procedures, checklists, and forms that can be downloaded as Word documents and easily edited or customized for your organization. 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. Do you have any previous experience working in foreign countries? 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 Through this method, you can obtain qualitative and quantitative information from respondents. 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. For enquiries,contact us. The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee. How many years of experience does the foreign worker have in the industry? For visitors, travel, student and other international travel medical insurance. Although the foreign worker may have only 1year of experience with the foreign company, they may be considered to have proprietary knowledge beneficial to the Canadian company if they demonstrate comprehensive knowledge of a specific facet of the company (which may have been acquired within that year or had worked on extensively) accompanied by studies in the appropriate field or years of experience in an associated industry. In this post, youll learn how to accurately measure peoples skills, identify technological knowledge gaps and plan for improvements We've Moved to a More Efficient Form Builder, 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. Description of the applicants advanced proprietary knowledge with company. Q.Do you possess knowledge that is valuable to the employers competitiveness in the market place? Face-to-face interviews allow you to collect more accurate data. As long as the L-1A petition is approved prior to completion of 4.5 years on L-1B visa, they would be fine. 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. As weve discussed in this article, there are different types of questionnaires you can choose from including telephone questionnaires and face-to-face interviews. L1B status can be granted for up 3 years initially, and if eligible, the L1B employee can obtain a 2-year extension. trailer
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This malnutrition knowledge, attitudes and practices (M-KAP) questionnaire is an important way to determine the knowledge and perceptions of hospital staff, and compare change over time with respect to patient malnutrition and nutrition care. Im in a similar situation can any one please help me? My firm lawyer asked me to fill a questionnaire that has following questions: pretty difficult for anybody to advise you when they have no idea what you do, what the company does or what specialized knowledge you have. Create Online Questionnaires with ease on Formplus, The Golden Rule of Surveys: Be Polite. 813 0 obj
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d Over time, the use of paper questionnaires has reduced significantly due to its multiple shortcomings. Whether online or offline, you need to politely approach survey respondents and get th, Guide on differences between survey and questionnaires. This makes open-ended questions highly unsuitable for quantitative data collection. It puts less pressure on the respondents for immediate response. In order to be eligible to file an L1B petition, the US employer must: The regulations define specialized knowledge to be: special knowledge possessed by an individual of the petitioning organizations 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 organizations processes and procedures.. A close-ended question is one that limits possible responses to options like Yes/No, True/False, and the likes. If the person must take a series of progressively more complex training, perhaps combined with hands-on experience over a somewhat extended period of time and perhaps under the direction of a more experienced person, it is more likely that the knowledge is specialized. Specialized Knowledge workers must therefore demonstrate that they are key personnel, not simply highly skilled. You can take help of google to find out more information about the questions. Note:The longer the experience, the more likely the knowledge is indeed specialized. h5F1@!Qk~S*0h
FY@Ct n6 They also provide better context for the research data by helping you to see things from a respondents point of view. For more information and advice on US immigration law and US visa applications pleasecontact uson0344 991 9222or atlondon@workpermit.com, Call for paid service +44 (0)344-991-9222. It makes it easy for you to collect large volumes of data from a vast target audience. However, the work experience outside the U.S. does not have to be in the same capacity as the proposed employment in the U.S. We are sorry that this post was not useful for you! A questionnaire is a research tool that contains a list of questions requiring responses from a predefined group of people. Persons whose general knowledge and expertise enable them to merely produce a product or provide a service are not eligible for this visa. 0000005234 00000 n
Dichotomous questions are not suitable for qualitative data collection. 0000011870 00000 n
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The specialized knowledge employee must be more than simply skilled or familiar with the employers interest. 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. It limits the amount of information that respondents can provide in your questionnaire. It allows the researcher to communicate directly with the respondent and ask the questions already listed in the questionnaire. Hi guys, I have interview appointment in Feb. This definition has been expanded further as follows: Proprietary knowledge is company-specific expertise related to a company . An open-ended question is a type of research question that does not restrict respondents to a set of predetermined answers. Advanced proprietary knowledge would require an applicant to demonstrate: An advanced level of expertiseis also required, which would require specialized knowledge gained throughsignificant(meaning the longer the experience, the more likely the knowledge is indeed specialized) andrecent(within the last 5years) experience with the organization and used by the individual to contribute significantly to the employers productivity. Questionnaires are very diverse and easily adaptablethis is why they are one of the most common and important tools for data collection in everyday life. It helps you to gather detailed information from respondents. The truly specialized knowledge in low TEER positions should have been gained through many years of work in the domain, although 1 year of experience with the company may also be sufficient in some cases. Telephone questionnaires are time-consuming. It comes with pre-selected answer options and requires the respondent to choose one of the options that closely resonates with her thoughts, opinion, or knowledge. This means that respondents can receive online questionnaires via various mediums such as email, on your website, and on social media platforms. 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. and not any examples. 0000006515 00000 n
Officers are instructed to use the NOC system to evaluate the categorization of the job based on the main duties the foreign worker is expected to perform in Canada. It is an expensive method of data collection. Typically, a multi-choice question has 3 partsthe stem, the answer, and the distractors. When was the last time you travelled to the U.S.? A limited number of people within the Company who have this level of knowledge. %/w+io_ ]x8DOI. This improves the questionnaire response rates. Dinsmore immigration attorneys leverage more than130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. x
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However, there is no legal basis to require any specific limit on the number of employees that can be considered key. Of course, the following list of questions is not an exhaustive one. It can only be used when you have a small sample size that has physical proximity. In-depth questions about your qualifications as a financial advisor. 2. The L1 Visa is a non-immigrant visa which allows foreign companies to transfer a manager, executive, or person with specialized knowledge to a US company. While all experienced employees in a small company may be key, for a larger company there should be a distinction between key and normal personnel. What is your favorite smartphone brand? 0000007043 00000 n
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All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. It also works for research contexts that require data from a small sample size or when members of the sample cannot complete a written or online questionnaire. 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. CanadaVisa.com | 1303 Greene Ave., Suite 200 | Westmount, Montreal, QC, Canada | H3Z 2A7. Measuring Student Knowledge and Skills A New Framework for Assessment This is no longer the case, but such proprietary knowledge is likely to help an application. h[ioF+h#pnA >XYDD&^u"G3$mr}TWU:L.TJ.VZG\Se|LU2UW7
hmU=*6O:U p)`H0v:W+' P|"E!U^uC`jjok`I)hPikw-jk=5V$%]iVX\L.cXIJ'y9j|397y2;/gwZ'S8|txU`-Wx.5o&l4\*tx6}?? Details of the employee's specialized knowledge job role used to support the application.These details should: Explain the job role, including duties, and time spent performing each duty, Explain how the specialized knowledge required for the position is unique or unusual within the company and industry, Explain the product, service, research, system, proprietary technique, management task, or procedure the role relates to, Explain how long it would take for an employee to gain the specialized knowledge needed for the role, including training and experience, Explain how the employee's work has enhanced the company's productivity, financial position, competitiveness, PR, and so on. Demonstrating foreign nationals possession of proprietary knowledge through a copy of Employee Confidentiality Agreement, licensing agreements, patents, etc. It can be difficult to classify neutral responses like neither agree nor disagree. It also describes the methods developed to ensure that the assessment tasks are valid across countries, are strong at measuring relevant skills and are based on authentic life situations. The choice of your questionnaire distribution channel can affect questionnaire response rates. -J`PA{Crw30590(]AP :e
~D]A:,rB8z iF C80s} The Beneficiary must either have special knowledge OR advanced knowledge. Documentary evidence may include, but is not limited to, the following: ICT Specialized Knowledge workers must be clearly employed by, and under the direct and continuous supervision of, the host company; When determining if a foreign worker indeed holds specialized knowledge, officers can look at the following elements to better guide their opinion/decision: What level is the positions National Occupational Classification (NOC) Training, Education, Experience and Responsibilities (TEER) category? It has a form builder that allows you to create different types of questionnaires for research. As of June9, 2014, a more rigorous assessment will be applied by officers processing work permit applications for Intra-company Transferees (ICTs) applying as Specialized Knowledge workers. immihelp.com is private non-lawyer web site. This applies to foreign nationals from any country . Nov 17, 2020. L1B Specialized Knowledge: Do You Qualify? Some adjudicators interpreted the regulation to require approval of an L-1A petition before four and one-half years of L-1B status had occurred. The L-1B visa may be used to transfer a specialized knowledge employee who has been employed abroad by the qualifying organization for one . For entries pursuant to R205, the applicant must be offered a wage given consistent with the Canadian prevailing wage. We have a variety of options for you. These questions are based on the activities of the Integrated Nutrition Pathway for Acute Care (INPAC). The Canadian employer will show through this LMIA that there is a need for foreign workers to fill a job. Apart from. This is a method of collecting data from respondents via a telephone conversation. An ICT Specialized Knowledge Worker must possess (i) knowledge at an advanced level of expertise and (ii) advanced proprietary knowledge of the company's product, service, research, equipment, techniques or management. However, the centers should not deny an extension request simply because it was FILED during the final six months of the five-year stay. For example, officers assessing applicants from Colombia or Peru, in particular, should consult the links provided for additional detail on the definitions of specialized knowledge captured in Canadas International Free Trade Agreements (FTAs) with those countries. In this article, we will look at different types of questionnaires and show you how to. Just sharing MY opinion with an intent to help others. 0000005829 00000 n
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. The most common type of dichotomous question is the yes/no question. %PDF-1.5
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Qaq:t!r@6ILfzJ'g$,nuLefBb^2w!{DVcLM}F=q/1$y:Bl)^71f.{ t{DJ+aC,`E[7\->F"&yXhp^O(p2hWI[e1LHlHQ[Y! It requires the research participants to choose one of the 2 available options as a response to the question. Petitioner should submit the evidence that: Since the maximum stay on L1B is five years while it is seven years for L1A visa, some people may want to do L-1B to L-1A conversion. ze > iB specialized knowledge. 0000007182 00000 n
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Proprietary knowledge alone, or advanced expertise alone, does not qualify the applicant under this exemption. Its advantages no annual cap, no prevailing wage requirements, dual intent, and employment authorization for spouses far outweigh many of the alternatives available. This questionnaire method is best used when you have a small set of questions that can be responded to quickly. What Can I Expect for My L-1 Visa Interview Experience? Specialized knowledge would be a proprietary knowledge that would be difficult to impart to another without significant economic inconvenience. abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another individual in the short-term; the knowledge or expertise must be highly unusual both within the industry and within the host firm; it must be of a nature such that the applicants proprietary knowledge is critical to the business of the Canadian branch and a significant disruption of business would occur without the applicants expertise; and. It combines different question types like close-ended and open-ended questions that allow you to extract large volumes of data from respondents, even when the researcher isnt available to coordinate data-collection firsthand. There is so much to learn about history, geography, law, and other Canadian things that can not be covered in just a single Canadian trivia quiz. The employer must be able to distinguish the foreign nationals knowledge and skills from that of others. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. 0000016224 00000 n
Formplus has multiple form-sharing options including email sharing, form embed, and direct social media sharing buttons. The L1B visa definition of specialized knowledge is quite subjective, and can be confusing for companies wishing to take advantage of this US L1 visa, so it can be difficult to meet the requirements for the L1B specialized knowledge worker visa.. All L1B visa applicants must have spent at least 1 year in the past 3 years outside of the US working for the overseas office of the business outside . https://www.immihelp.com/l1-b-specialized-knowledge-professional/. As set out in Canada's commitment in the General Agreement on Trade in Services (GATS), an ICT Specialized Knowledge worker must possess "knowledge at an advanced level of expertise" and "proprietary knowledge of the company's product, service, research, equipment, techniques or management". How does our product help you to meet your goals? The US company must be a branch office, parent, subsidiary, or affiliate of the foreign company. This is in accordance with the independent regulatory requirement that the petitioner inform us of any changes in capacity of employment. So not only must the alien have been in the new position for six months at the time of filing the extension from five to seven years, but USCIS must have approved that change when it happened. Formplus is an easy-to-use tool that supports seamless online and offline data collection, paper questionnaire creators that can be used to print your questionnaire or export it in Word and PDF formats, Likert scale question is popular as a 4-point scale, 5-point scale, or 7-point scale, Survey & Questionnaire Introduction: Examples + [5 Types], Survey or Questionnaire? Have you already been to the U.S.? The initial petition will be approved for 3 years (new office petition for 1 year), and can be renewed once for 2 years for a total of 5 years. The quality of data from a face-to-face largely depends on the skills of the interviewer. an advanced level of expertise or knowledge of the enterprises processes and procedures such as its production, research, equipment, techniques or management. It is very difficult to statistically interpret the data collected via open-ended questions. Respondents can easily provide answers to questions created in the form of simple checkboxes or dropdown menus. It can be used to collect research data from members of your research population who do not have access to other questionnaire types. 0000004538 00000 n
Advanced level of expertise: 1. It is a good way to collect anonymous responses from the target audience. Depending on your research needs, you can include different types of questions that help you gather quantitative and qualitative responses from the members of your research sample. 0000011982 00000 n
Open-ended questions have an infinite possibility of responses which supports variation in your research data. Description of the applicants advanced proprietary knowledge with company. International Agreements 0000006914 00000 n
Does the foreign national have knowledge of a process or product that is integral to the employers competitiveness? 0000019764 00000 n
Telephone questionnaires tend to record higher response rates than other types of questionnaires. check out the. A face-to-face interview is an opportunity to observe non-verbal responses and other nuances, that help you interpret the resulting data from the conversation. Create online questionnaires via various mediums such as email, on your website, and social! And administered online, it makes it easy for you to meet immigration... So long as the L-1A petition before four and one-half years of cumulative to... Service are not suitable for qualitative data collection more than130 years of does! Set of questions that can be filed the last day if need be, so as. The knowledge is company-specific expertise related to a set of questions is not an Attorney hence. Makes it easy for you to meet your goals this LMIA that there is a method of data. Copy of employee Confidentiality Agreement, licensing agreements, patents, etc do not have to be,... 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