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Angelo Paparelli on Fogo de Chao v. DHS: Immigration 'Fire on the Ground' - What's Next for the L-1B Visa?

October 27, 2014 (1 min read)

"At first blush, the decision could be seen as limited to its unusual facts. A two-judge majority remanded the case to USCIS because the AAO categorically refused to consider whether culturally acquired knowledge could be treated as “specialized” under the L-1B category and disregarded evidence that Mr. Gasparetto participated in the foreign employer’s training program.  But a closer reading reveals a number of legal gems that may prove helpful in other L-1B cases ... Given that Court of Appeals remanded the case back to USCIS, it remains to be seen whether Chef Gasparetto will be serving American customers Brazilian-style steaks anytime soon.  Also unknown is whether the long-awaited USCIS policy guidance, if ever issued, will provide accessible clarity on the requirements to establish L-1B specialized knowledge in a way that takes into account the reasonable needs of multinational companies in the 21st Century." - Angelo A. Paparelli, Oct. 25, 2014.

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