This section contains policy, procedures and guidance used by IRCC staff. You can easily create and administer them using online tools like Formplus. 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. 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. Introduction. 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 questions listed in a questionnaire are structured to increase the response rate. In other words, an ICT applicant is more likely to have truly specialized knowledge if they directly contribute to the (re)development of a product, rather than to the implementation of a pre-existing product. This is an important fraud deterrentan appropriate indicator of the legitimacy of the managerial position. 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. Is there any For information about your privacy, please read our Privacy Policy and Terms of Use. 813 0 obj <> endobj XV5Z%%QT91:}#dn181iNAQM 0000008981 00000 n 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. Just sharing MY opinion with an intent to help others. Appreciate the quick response. This is a method of collecting data from respondents via a telephone conversation. 0000004685 00000 n It is an expensive method of collecting data in research. In other words, a questionnaire is a set of questions used for data collection while a survey is a method of measuring and analyzing relevant opinions to arrive at relevant research results. 0000003606 00000 n The Beneficiary must either have special knowledge OR advanced knowledge. 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. 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 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. immihelp.com is private non-lawyer web site. 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. In assessing such expertise or knowledge, officers consider: Example: Skill in implementing an off-the-shelf product would not, by itself, meet the standard of specialized knowledge; unless, for example, the product is new or being highly customized to the point of being a new product. 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. As long as the L-1A petition is approved prior to completion of 4.5 years on L-1B visa, they would be fine. 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. 0000011870 00000 n Dinsmore immigration attorneys leverage more than130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. Applications for a position with a low TEER category (TEER 4 and 5) should be looked at in greater detail. and not any examples. As a result, your offer of employment must be the subject of an economic effect determination (i.e., LMIA) before a work permit can be issued to you. The quality of data from a face-to-face largely depends on the skills of the interviewer. Advanced level of expertise: 1. 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? How many years of experience does the foreign worker have in the industry? For those clients who require an LMIA, the officer should tick the following section in the Global Case Management System (GCMS) work permit refusal letter: You will not receive a reply. Not affiliated with any government agency. A technical interview may comprise traditional interview questions related to behaviour, situations, and experiences. You can create both surveys and questionnaires on Formplus. 0000016224 00000 n The onus is on the applicants to provide evidence that they meet this standard. 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 is sometimes referred to as an objective response question and it requires the respondent to choose the most relevant option from the available choices. 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You must log in or register to reply here. rLE}:o!P >(qf|B[T9)N@Ah|U_}]9Ir 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 used to collect relevant information that can help you arrive at definite results during research. 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 0000003491 00000 n Getting Married On A Tourist Visa To A US Citizen: Can You Do It? These questions help them further determine whether you can succeed as a financial advisor in their company. Its advantages no annual cap, no prevailing wage requirements, dual intent, and employment authorization for spouses far outweigh many of the alternatives available. 0000001654 00000 n Note:The longer the experience, the more likely the knowledge is indeed specialized. Contact VisaPro if you have any questions regarding the L-1B Visa, or need help in filing timely and successfully. ekRw " Example: An electrician applying for an ICT position to perform electrical work must demonstrate that. 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. In other words, the specialized knowledge requirement is intended for key personnel. Note:Non-cash per diems (for example, hotel, transportation paid for by the employer) are not to be included in the calculation of the overall salary or wage. 4. Does the foreign national have knowledge of a product or process which would incur a significant economic cost or inconvenience if the employer had to try to teach or train a new employee? All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. 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. Telephone questionnaires are time-consuming. 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. Does the foreign national have knowledge of a process or product that is highly sophisticated, or is highly technical? 0000001786 00000 n Canada is one of those countries loved all over the world for its amazing tourist locations, great educational and job opportunities, and more. 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. They are also known as free-form survey questions because they do not restrict the respondents to a small pool of possible answer-options. As weve discussed in this article, there are different types of questionnaires you can choose from including telephone questionnaires and face-to-face interviews. 0000017507 00000 n The L-1B visa may be used to transfer a specialized knowledge employee who has been employed abroad by the qualifying organization for one . It requires the research participants to choose one of the 2 available options as a response to the question. 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. 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. "xtuB2'G[mO]@DBmadh/ soa[ooCkn[z. How many years of experience does the foreign worker have with the foreign company? Have a qualifying relationship with a foreign entity- as an affiliate, parent, subsidiary or branch; and. Q.Does a qualifying relationship exist between the U.S. company and the foreign company abroad? }rl~Xt04xx6{??]c>ZR.Pu-5JP'T^aMY++B dNt~Z^;YZ..ghxMp`zd6?eUE&1jlzzY9FI=_[GgW]UT*)XCAa+ypZV~.rz61+pu^>Z<>:|:t:T2M4BJQeLAD){A_?hti@s-rGYv g'd_.g'x /,>*oX7f~w~9?//WL6kZZ y0{1{~ kaoTN Ehxct9! g,ra@y"4tRg/{VcB7hZ.G;aC}c:W@/}Ov=dEw,(%K}f0Hd They typically include specialized proficiency tests, problem-solving questions, and other assessment tools. 0000015826 00000 n 0000006654 00000 n The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee. As the name suggests, a multi-choice question is one that gives respondents more than 2 answer-options to choose from. 0000013050 00000 n 0000018691 00000 n 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. 820 0 obj <>stream For a better experience, please enable JavaScript in your browser before proceeding. 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. 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. I totally agree with your point. However, there is no legal basis to require any specific limit on the number of employees that can be considered key. It can be used to collect research data from members of your research population who do not have access to other questionnaire types. Open-ended questions have an infinite possibility of responses which supports variation in your research data. The questionnaire sample size is limited to populations that have access to the internet. If you have an immigration issue or unclear about your visa options. As the specialized knowledge will not be readily available within the Canadian labour market, and cannot readily be transferred to another individual, a Specialized Knowledge worker must not receive specialized training by other employees such that this would lead to the displacement of Canadian workers. 1. 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. HV[Lg>3,#(H[Ywo(\/:{KMjZjhLChM/^H456MXycd|9Lf 4 @@T@.@ (#-@WI@Ok'6IG\5TUy(;B?~ahyHZO'] O~UQYO_7~ilF+jn5;. It restricts respondents to a limited set of answer-options. Which companies can apply for a US H-1B Visa? 0000001743 00000 n How does our product help you to meet your goals? Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. They were there every step of the way for me. 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. Evidence that the foreign national is a member of a professional association in the area of Specialized Knowledge. Is a diploma or degree required for the position sought? Their knowledge must be beyond the ordinary and not commonplace within the industry or thepetitioning organization. This provision caused some concern among immigration advocates because there were denials in the past at some USCIS. Only allowances compensated in monetary form and paid directly to the employee are to be included. General How are you? Open-ended questions encourage the research participants to freely communicate what they know and how they feel about the subject matter. %PDF-1.5 % Specialized knowledge is a knowledge that can be obtained only through experience with that employer, such as experience with proprietary software or methodologies unique to the company, which is also important to the competitiveness of the company. 0000032855 00000 n This manual would contain the definitions of "specialised knowledge", recorded via Canada's free trade agreements with those countries. Using a questionnaire is one of the best ways to collect repetitive information from respondents at defined intervals. Online Questionnaire. It helps you to capture verbal and non-verbal cues creates better insight into the research data. 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. 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 purpose of a questionnaire is to build up your research dataset by asking standardized questions to help you get the right answers. Your i797 or petition should already have why you are special knowledge candidate You have to exactly say the same to consular officer. 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. Measuring Student Knowledge and Skills A New Framework for Assessment What Are Some L-1 Visa Interview Questions? Since the questionnaire is created and administered online, it makes it easy for you to gather responses from a large pool of respondents. @?a!cPuG@7@qR QnsxS#tiij5f2!S [^YA`\!f|Xg.wT' rD,bF.E@-BV2HD+NS!%!YU!V,DI N s06v>raAoz7M*]rY@:'fYf//9J>a|N GX,XEjB>v|=V"b 2HTY%Rhw:.:,RzUZ#tcQ3u8xro[4_A*Ei BLAEeRszKttU;'+jGF1WQiZy={FW3 dhpWBx _eNf #'pnQtiV@7_3?IIeK]Z3p-\gF`s_>Hj,Q ^A]jRQZs`B4c}{#Zoi+lbVyPvYsiuD q~qXd$?!R!L+2N,dh?XV~qF(C&9c}X:fzxS Home Visas L Visa L-1B Visa: Specialized Knowledge Professional. 845 0 obj <>/Filter/FlateDecode/ID[<68073DC8E35D0946B800206C9D65D021><830387D103BE2D49A61971DE66B81A4A>]/Index[813 75]/Info 812 0 R/Length 139/Prev 647059/Root 814 0 R/Size 888/Type/XRef/W[1 3 1]>>stream Questionnaires are used to collect both qualitative and quantitative data from respondents. 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. 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. Found any help yet? 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.. 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. N8h#%$$%? In this article, we discuss what you can expect during a technical interview, tips for answering technical questions . 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. 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. h5F1@!Qk~S*0h FY@Ct n6 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 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. 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. 0000006515 00000 n Can the specialized knowledge only be gained through employment with the employer? 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). See the list ofprograms that are exempt from the in-Canada mandatory electronic application requirement. Illustrations from company brochures of the specific products with which the foreign national works/or will work. Formplus also has a save and resume feature that allows respondents to complete your questionnaire at their own pace. 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. This is no longer the case, but such proprietary knowledge is likely to help an application. Does the foreign national have knowledge about the foreign entitys operations that has significant value? A dichotomous question allows respondents to provide short, concise, and direct answers in the research questionnaire. An online questionnaire is a set of standardized questions that are put together and distributed via online channels. 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