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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. How Does That Change If I'm Outside the U.S.? d 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.? 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. You were out of the U.S. for about more than a year. Specialized knowledge does not apply to persons who have general knowledge or expertise, which enables them merely to produce a product or provide a service. 1. You can also administer a questionnaire through a face-to-face interview with members of the research population. ekRw " The reason for requiring the extension at the end of six months is to establish the bona fides of the promotion. is one that limits possible responses to options like Yes/No, True/False, and the likes. Content includes forms and tools for topic areas featured in the Complete Healthcare Compliance Manual. is one that gives respondents more than 2 answer-options to choose from. 817 0 obj <> endobj Their knowledge must be beyond the ordinary and not commonplace within the industry or thepetitioning organization. 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. This page was generated at 11:28 AM. 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. 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. 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. Newspaper or trade journal articles which detail the unusual nature and/or value of such knowledge in the industry. HWioHm bxOlg=43CjIy(5_IIb`~$&bo8yy?hQyXn,|^oM7~g>lxO=70$(Hhlup\&~r "7)=7Emz&NBU%UJ.>;My.kcc?VeAM%6-!mCEwHSLs.I)% BlC#P/r-,Vvz6pMEgEteKPu~ir%]j: QQ,KU 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. Found any help yet? 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! You do not have to spend money on printing questionnaires or sharing the questionnaire with respondents physically. zRWbbh1z#iPYEM@F@t~"E!-(Z.NldY>UXkwFN) *4.c)'Q[lzl9Lu"%4\ A;V#3Q @Sx_dWZpwmDm|~1G=t10An\_sJt Q#@P-H_i 7lZye[X?z=S}tnku{v"Es|1KGIklax4i5'jd03%.U)`V1iq3&rJS.),NQ!T8m z k#XXsC?Vip&*mT&&q]l6,A6aL,s! 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. - I am not an Attorney, hence not giving any legal advice. 0000006249 00000 n As weve discussed in this article, there are different types of questionnaires you can choose from including telephone questionnaires and face-to-face interviews. 0000003777 00000 n Would you like to have something to drink? Formplus is an easy-to-use tool that supports seamless online and offline data collection. The onus is on the applicants to provide evidence that they meet this standard. Specialized knowledge is defined as: 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 ze > iB 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. 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. 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 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. %/w+io_ ]x8DOI. s-Y&H"~-Hh![}/[_zR+0yVO`T_TR27VV!'=4]%\m*MX@NR|1p1 A limited number of people within the Company who have this level of knowledge. -J`PA{Crw30590(]AP :e ~D]A:,rB8z iF C80s} In conjunction with the foreign workers knowledge, education and experience, the NOC will also be used to determine if the salary offered reflects specialized knowledge as noted below under Mandatory Wage Floor. Are you aware of any technical writers? Online Questionnaire. 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. 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. 0000008981 00000 n By continuing to browse this website, you agree to our use of cookies. Of course, the following list of questions is not an exhaustive one. Through this method, you can obtain qualitative and quantitative information from respondents. All rights reserved. It can be used to collect research data from members of your research population who do not have access to other questionnaire types. Qualified intra-company transferees require work permits and are exempted from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption code C12) as they provide significant economic benefit to Canada through the transfer of their expertise to Canadian businesses. This means the petitioning organisation must give ample evidence that the employee's specialized knowledge is sufficiently distinguishable from others in the company and the industry at large. H1B or L1B? For instance, you will need to hire personnel to assist with logistics and other levels of preparation. %PDF-1.2 % You can also find a variety of questionnaire templates that can be edited for unique research needs. 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. If you want VisaPros expert guidance and accurate preparation of your case. Document evidence of the change in duties and when it occurred, and that the USCIS approved the change at the time it occurred. Hi guys, I have interview appointment in Feb. They are also known as free-form survey questions because they do not restrict the respondents to a small pool of possible answer-options. The quality of data from a face-to-face largely depends on the skills of the interviewer. Please note that due to the subjective nature of L1B Specialized Knowledge this is not an exhaustive list. positions, please submit: documentation evidencing your specialized knowledge; confirmation that the position in Canada requires this specialized knowledge. Im in a similar situation can any one please help me? Who was supporting the application in your absence? Does the foreign national have knowledge of a process or product that is integral to the employers competitiveness? This manual would contain the definitions of "specialised knowledge", recorded via Canada's free trade agreements with those countries. What is the most important lesson youve learned so far? It helps you to gather fast and straightforward responses from the research participants. When filing for the additional two years within the last six months of L-1B time, ensure that the person has been in the managerial position for at least six months at the time of filing and file premium processing. It can result in survey response bias as respondents can be influenced by the options listed in the questionnaire. If youre looking to collect and interpret data to help you understand trends and behaviors, then a survey is a valid option for you. The aliens specialized knowledge is distinguished by some unusual qualification and not generally known by practitioners in the aliens industry. Note that employees do not need have a degreeto qualify for L1B visa. 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. 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. They provide more contexts to responses by allowing the researcher to quantify the intensity of individual responses. The intervals between points on the scale do not present equal changes in attitude for all individuals. Does the foreign national have knowledge that is not or cannot be held or easily transferred to other individuals? If a company isclaiming that all the employees working on technical issues should be considered to have specialized knowledge, the company is probably employing too low a standard. Paper questionnaires have a huge financial cost implication. While questionnaires are closely related to surveys, they do not mean the same thing. Open-ended questions have an infinite possibility of responses which supports variation in your research data. that contains a list of questions requiring responses from a predefined group of people. In filing the L1B petition, proving that the foreign national possesses specialized knowledge is often the most difficult hurdle. 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. The duration of the job offer is not a criterion that should influence the opinion. %PDF-1.5 % 0000014780 00000 n The L1 Visa is an intracompany transfer visa that allows companies to transfer employees to the United States with the purpose of developing operations in the US by opening a new branch, subsidiary, or affiliate office. 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 . All ICT Specialized Knowledge applicantsincluding entries under the Canada-United States-Mexico Agreement (CUSMA)are subject to this refined definition of specialized knowledge, unless there is a specific definition that might be different in a specific FTA. endstream endobj startxref This makes open-ended questions highly unsuitable for quantitative data collection. 0000001786 00000 n 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! 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. For information about your privacy, please read our Privacy Policy and Terms of Use. Description of the applicants advanced proprietary knowledge with company. Telephone questionnaires tend to record higher response rates than other types of questionnaires. Using a questionnaire is one of the best ways to collect repetitive information from respondents at defined intervals. Q.Does a qualifying relationship exist between the U.S. company and the foreign company abroad? 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. Home Visas L Visa L-1B Visa: Specialized Knowledge Professional. If you want to gather a large amount of data that can be analyzed quickly, then asking close-ended questions is your best bet. You have not demonstrated that you come within the exceptions under section186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section203 of the regulations. Does the foreign national have knowledge of a process or product that is highly sophisticated, or is highly technical? Dinsmore immigration attorneys leverage more than130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. It is used to collect relevant information that can help you arrive at definite results during research. USCIS should not consider whether or not the specialized knowledge employee qualifies for another type of visa. Persons in a specialized knowledge professional category can get an L1B visa. This means that all members of the sample population see and respond to the same set of questions; although the question sequence and order may vary. Applications for a position with a low TEER category (TEER 4 and 5) should be looked at in greater detail. As opposed to the H-1B, there is no annual quota or cap for the L1, which means there is no lottery either. HV[Lg>3,#(H[Ywo(\/:{KMjZjhLChM/^H456MXycd|9Lf 4 @@T@.@ (#-@WI@Ok'6IG\5TUy(;B?~ahyHZO'] O~UQYO_7~ilF+jn5;. In this article, we will look at different types of questionnaires and show you how to. Proprietary knowledge is company-specific expertise related to a companys product or services. 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. 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 the US. Proprietary knowledge alone, or advanced expertise alone, does not qualify the applicant under this exemption. 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. L-1 Visa Process 2. If so, could you please refer? Dichotomous questions are not suitable for qualitative data collection. What Can I Expect for My L-1 Visa Interview Experience? NT#62PObKYY,XQ p}=!NEEy:T9=2boq%)Rq.g%w eKkh9?ju,`D8xz'.e&zFx:2@C5O3@2eMwn`RGN& 1. Every survey includes one or more questionnaires that help you to gather data from respondents. 0000001743 00000 n 0000018691 00000 n Evidence of increased sales, decreased costs, or other tangible benefit attributable to the foreign national's specialized knowledge. Measuring Student Knowledge and Skills A New Framework for Assessment I am looking for some sample answers for the questions around specialized knowledge. The L-1B visa may be used to transfer a specialized knowledge employee who has been employed abroad by the qualifying organization for one continuous year in the three years preceding admission to the U.S. Lets take a look at this important nonimmigrant visa category and see if the L-1B is right for you. 0000007490 00000 n This is a type of psychometric question that measures the respondents perception or opinion on a topic or subject matter. 0000006109 00000 n 0000006400 00000 n 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. 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. 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. The employer must be able to distinguish the foreign nationals knowledge and skills from that of others. x @P 4 If this is your first visit, be sure to Demonstrating foreign nationals possession of proprietary knowledge through a copy of Employee Confidentiality Agreement, licensing agreements, patents, etc. 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. 813 0 obj <> endobj 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. There are. 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? My company tasked me with the job of acquiring an [L-1B Visa] with a strict deadline. 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. 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. 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. 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. There are more than 30 form fields on Formplus that you can add to your questionnaire for data collection including text fields, numerical fields, and rating fields. You can easily create and administer them using online tools like Formplus. When I search for details on specialized knowledge, I find the general topics to answer on( example: tools developed, trainings etc.) The best way to use a paper questionnaire is to pair it with online distribution channels that allow you to share your survey on paper. 0000018580 00000 n create an online questionnaire with Formplus. Responding to open-ended questions is time-consuming and respondents can easily abandon the questionnaire along the way. 5. When determining if the foreign national possesses specialized knowledge, USCIS is looking at factor such as: The employer must submit a detailed description of the services that the specialized knowledge employee will perform, while also describing why the employer needs the foreign nationals specialized knowledge and the actual specialized knowledge that the foreign national possesses. An online questionnaire is a set of standardized questions that are put together and distributed via online channels. However, for these applicants, wage remains an important indicator of specialized knowledge and should be taken into account as an important factor in an officers overall assessment. 1. Your i797 or petition should already have why you are special knowledge candidate You have to exactly say the same to consular officer. They were there every step of the way for me. This section contains policy, procedures and guidance used by IRCC staff. 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.. 0 L-1A may also pave way towards a quicker route to Green Card. An online questionnaire helps you to save time during data collection. 0000001515 00000 n They typically include specialized proficiency tests, problem-solving questions, and other assessment tools. 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. Telephone questionnaires are time-consuming. Of course, the alien must be eligible to receive L1A on its own. "xtuB2'G[mO]@DBmadh/ soa[ooCkn[z. CanadaVisa.com | 1303 Greene Ave., Suite 200 | Westmount, Montreal, QC, Canada | H3Z 2A7. 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. The level of knowledge required and the employment of the specific alien must directly relateto the proprietary interest of the petitioner. 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Some sample answers for the questions around specialized knowledge occurred, and other Assessment tools a qualifying relationship canada specialized knowledge questionnaire sample the... Company and the employment of the best ways to collect relevant information that help... Also known as free-form survey questions because they do not present equal changes capacity. Responses which supports variation in your research data from respondents response bias as respondents can be used collect... Respondents more than 2 answer-options to choose from provide evidence that they this.