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". that contains a list of questions requiring responses from a predefined group of people. All rights reserved. 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. If you want VisaPros expert guidance and accurate preparation of your case. 0000017507 00000 n Of course, the following list of questions is not an exhaustive one. Close All Open All The aliens specialized knowledge is distinguished by some unusual qualification and not generally known by practitioners in the aliens industry. Respondents can easily provide answers to questions created in the form of simple checkboxes or dropdown menus. Muti choice questions do not produce any qualitative data. 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. What is your favorite smartphone brand? 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. The L1B has a maximum validity of 5 years. For entries pursuant to R205, the applicant must be offered a wage given consistent with the Canadian prevailing wage. Dichotomous questions are used to collect quantitative information from respondents, and to also eliminate unnecessary complexities in data collection. There is a slight mistake on my offer letter from University,my name is not in the same format with my passport,will this be a problem? L-1 Visa Interview Tips 9. h5F1@!Qk~S*0h FY@Ct n6 It is cheaper to collate and analyze the responses to close-ended questions. We anticipate the areas where the U.S. government may challenge a case, reverse engineer the case to lower the risk of denial, and increase the odds of approval. L-1A may also pave way towards a quicker route to Green Card. 0000032775 00000 n 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. This is no longer the case, but such proprietary knowledge is likely to help an application. It is very difficult to statistically interpret the data collected via open-ended questions. With skillful preparation and careful documentation, you can move your employees between related companies as needed. 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. If this is your first visit, be sure to Close-ended questions are easy and quick to answer. -J`PA{Crw30590(]AP :e ~D]A:,rB8z iF C80s} 0000009092 00000 n 0000001743 00000 n You were out of the U.S. for about more than a year. 0000005335 00000 n 0000018691 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. + Survey Questionnaire tips, tools, advantages template and examples. Face-to-face interviews allow you to collect more accurate data. Creating multi-choice questions can be time-consuming. Over time, the use of paper questionnaires has reduced significantly due to its multiple shortcomings. zRWbbh1z#iPYEM@F@t~"E!-(Z.NldY>UXkwFN) *4.c)'Q[lzl9Lu"%4\ A;V#3Q 0000006109 00000 n Whether online or offline, you need to politely approach survey respondents and get th, Guide on differences between survey and questionnaires. 0000008981 00000 n All times are GMT-5. NT#62PObKYY,XQ p}=!NEEy:T9=2boq%)Rq.g%w eKkh9?ju,`D8xz'.e&zFx:2@C5O3@2eMwn`RGN& It can be difficult to classify neutral responses like neither agree nor disagree. Do you have any previous experience working in foreign countries? It requires the research participants to choose one of the 2 available options as a response to the question. On the other hand, if you want a flexible instrument to collect responses from a target audience, go for a questionnaire. A questionnaire has a uniform design that supports standardized data collection. 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. Dinsmore immigration attorneys leverage more than130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. 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. Does the foreign national have knowledge about the foreign entitys operations that has significant value? Applications for a position with a low TEER category (TEER 4 and 5) should be looked at in greater detail. They were there every step of the way for me. To be considered specialized, the knowledge should be essential to a special research program, or the person should have expert knowledge regarding a companys materially different product or manufacturing process. Copyright 1999-2023 immihelp.com. 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. 0000007490 00000 n You can also create an online questionnaire with our form builder that supports seamless data collection. 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. 2. d It is a good way to collect anonymous responses from the target audience. hb```e``"@ 9N ZCV@QsL#O0Z9swgACd _YQ |r}DG1ogz 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. 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. To be proprietary, the knowledge must relate to something which relates exclusively to the petitioners business. 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. Are you aware of any technical writers? N8h#%$$%? Proprietary knowledge alone, or advanced expertise alone, does not qualify the applicant under this exemption. Questionnaires are used to collect both qualitative and quantitative data from respondents. A specialized knowledge employee has more skills or knowledge than the ordinary employee. Would you like to have something to drink? Rather, respondents are allowed to fully articulate their thoughts, opinions, and experiences as long-form and short-form answers including paragraphs, essays, or just a few sentences. an advanced level of expertise or knowledge of the enterprises processes and procedures such as its production, research, equipment, techniques or management. 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. This is an important fraud deterrentan appropriate indicator of the legitimacy of the managerial position. 0000001515 00000 n 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. 0000019764 00000 n Letters from experts in the field commenting on the distinctive or unusual nature of the foreign national employee's knowledge. 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. When filing a change of status from L-1B to L-1A, make sure that the beneficiary has been a manager or executive for at least six months prior to filing for the additional two-year period. You can create both surveys and questionnaires on Formplus. 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. In the Formplus builder, you will find different form fields that allow you to add multiple question formats to your questionnaire. If there are multiple employees with the specialized knowledge within the company, the US employer must be ready to show why they still need to transfer the foreign national to the US. %PDF-1.2 % In other words, the specialized knowledge requirement is intended for key personnel. If youre looking to collect and interpret data to help you understand trends and behaviors, then a survey is a valid option for you. It is also a cost-effective method of data collection. 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. 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. Have a qualifying relationship with a foreign entity- as an affiliate, parent, subsidiary or branch; and. This improves the questionnaire response rates. ekRw " $b6'_?Yh_(VRB;3j%t"n'-r0w4JRwea'BS%il%U&s"JJfKjyn OM+X]m;Iyz& However, there is no legal basis to require any specific limit on the number of employees that can be considered key. Dichotomous questions are easy to understand and respond to. Responding to open-ended questions is time-consuming and respondents can easily abandon the questionnaire along the way. Q.Do you possess knowledge that is valuable to the employers competitiveness in the market place? %/w+io_ ]x8DOI. 0000006914 00000 n Apart from. I know exactly who to turn to the next time I have immigration need. 0000006654 00000 n Some of the commonly asked questions are: Have you ever been employed in the United States? This applies to foreign nationals from any country . 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. 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. 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. This makes open-ended questions highly unsuitable for quantitative data collection. This page was generated at 11:28 AM. You can use text fields for open-ended questions and multi-choice fields, rating fields, and checkboxes for close-ended questions. Additionally, the final sentence of the regulation made it appear that the practitioner must file two separate petitionsone to notify USCIS of the change in job duties, and another one six months later to be eligible for the total period of stay of seven years. 2. #16. vbollam said: My employer is willing to transfer me to Canada on Intra Company Transfer Specialized knowledge category. However, this doesnt require an extraordinary level of skills, but merely more than that of the ordinary employee in the company or the field. As opposed to the H-1B, there is no annual quota or cap for the L1, which means there is no lottery either. In order for the applicant to be eligible for the exemption (whether under R204 or R205), it must be determined that the applicant possesses a high standard of specialized knowledge. 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. It has a form builder that allows you to create different types of questionnaires for research. L-1A Visa Interview Questions 7. It gathers data from respondents through a set of questions that are administered via online data-collection platforms like Formplus. 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. An open-ended question is a type of research question that does not restrict respondents to a set of predetermined answers. Does the foreign national have knowledge of a process or product that is integral to the employers competitiveness? When I search for details on specialized knowledge, I find the general topics to answer on( example: tools developed, trainings etc.) Therefore, with regard to a promotion at or during the last six months, premium processing would be the option. Due to its direct conversation approach, respondents may refuse to give out as much information as they should for the research. Content includes forms and tools for topic areas featured in the Complete Healthcare Compliance Manual. 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. I am looking for some sample answers for the questions around specialized knowledge. In the USCIS Memo released in August 2015 (L-1B Adjudications Policy), USCIS defines the terms special knowledge and advanced knowledge and explains that in order to obtain L-1B visa status, the foreign national needs to meet one of these standards: Its important to note that the foreign national needs to only meet one of these standards. What Are Some L-1 Visa Interview Questions? Which companies can apply for a US H-1B Visa? 5. Using a questionnaire is one of the best ways to collect repetitive information from respondents at defined intervals. 3. 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. Advanced level of expertise: 1. ze > iB 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. Excerpts of Company Training Manual or Program to illustrate complexity of position. The specialized knowledge employee must be more than simply skilled or familiar with the employers interest. In order to ensure approval, it is important, wherever possible, to demonstrate that the foreign national does in fact possess the described specialized knowledge. . Have you already been to the U.S.? 0000011870 00000 n 0000032135 00000 n Their knowledge must be beyond the ordinary and not commonplace within the industry or thepetitioning organization. 0000005577 00000 n 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. 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