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Cyrus Mehta on Fogo de Chao v. DHS: A Significant Decision for L-1B Specialized Foreign Chefs and Beyond

October 27, 2014 (1 min read)

"On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit in  Fogo de Chao v. DHS, No. 13-5301, skewered the USCIS for denying the L-1B visa to a Brazilian churrasqueiro or gaucho chef.  ... Although Fogo applied to a Brazilian gaucho chef, it can arguably be applied to other occupations involving specialized knowledge. Skills gained through certain cultural practices may be relevant in determining specialized knowledge in other settings, such as Japanese management techniques. Similarly, acquiring deep knowledge in a particular software application through another employer can equip the L-1B visa applicant with specialized knowledge that can stand out in comparison to others. Moreover, demonstrating economic hardship as a way to prove specialized knowledge has gained more force after Fogo." - Cyrus D. Mehta, Oct. 26, 2014.

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