LexisNexis® Legal Newsroom
Off-Message Immigration Bureaucrats Undermine the President's Jobs Push by Refusing L-1 Specialist Visas to Indian Citizens

"The State Department defends its high Indian refusal rate by suggesting that the posts in India receive more L-1B applications and approve more L-1B visas than any other U.S. consulates or embassies worldwide. Neither State nor USCIS has explained, however, why "specialized knowledge"...

Cyrus D. Mehta: Due Diligence Considerations for Companies Contracting with Vendor Service Providers

Can companies avoid civil and criminal exposure by outsourcing their hiring of foreign nationals? Cyrus Mehta has the answer .

Draft RFE template for comment: I-129 L-1 Intracompany Transferees: Qualifying Relationship/Ownership and Control/Doing Business

REQUEST FOR EVIDENCE - DRAFT TEMPLATE FOR COMMENT I-129 L-1 Intracompany Transferees: Qualifying Relationship/Ownership and Control/Doing Business Posted: 12-15-2011; Comment Period Ends: 01-05-2012 - USCIS

Three new Draft L-1 RFE templates for comment

REQUEST FOR EVIDENCE - I-129 L-1 Intracompany Transferees - DRAFT TEMPLATE[S] FOR COMMENT - Posted: 01-05-2012 - Comment Period Ends: 02-03-2012 Blanket Petition L-1A New Office (First Year) L-1A Manager or Executive [All posted by USCIS on Jan. 5, 2012 .]

CBP Standards for Accepting and Adjudicating I-129 Petitions for L-1 Intracompany Transferee Petitions for Canadian Citizens under the North American Free Trade Agreement (NAFTA)

CBP Standards for Accepting and Adjudicating I-129 Petitions for L-1 Intracompany Transferee Petitions for Canadian Citizens under the North American Free Trade Agreement (NAFTA) - CBP, Jan. 3, 2012 .

AILA on Interpretation of the Term “Specialized Knowledge” in the Adjudication of L-1B Petitions

"The American Immigration Lawyers Association (AILA) appreciates the ongoing outreach to stakeholders conducted by USCIS in connection with its review of the interpretation of the term “specialized knowledge” and its application in the adjudication of L-1B petitions. AILA offers this...

New Research Finds Soaring Denial Rates for L-1 and H-1B Petitions

"Analysis of new data obtained from U.S. Citizenship and Immigration Services (USCIS) reveals the agency has dramatically increased denials of L-1 and H-1B petitions over the past four years, harming the competitiveness of U.S. employers and encouraging companies to keep more jobs and resources...

AAO Specialized Knowledge L-1 Victory: Superplastic Forming

"The petitioner submitted detailed and credible evidence to demonstrate that the beneficiary possesses special knowledge of the company's superforming technologies and products, particularly as it relates to the international rail industry. The petitioner established that the knowledge is special...

AAO Specialized Knowledge L-1 Victory: SERDES Technology

"Here, the petitioner submitted detailed and credible evidence to demonstrate that the beneficiary possesses special knowledge of the petitioner's SERDES technology and its application in international markets. The petitioner's assertions are supported by independent evidence, such as the...

Workable or Unworkable?: The H-1B and L-1 Visa Provisions in BSEOIMA, S. 744

"Years ago, the H-1B was a lightning rod for critics while the L-1 sailed on smoothly in calm seas. No longer. For the first time, the L and the H are fused in the minds of its critics. At a time when our permanent immigration model is more open to STEM talent as never before, our H and L policy...

The L-1 Intracompany Transferee Visa Facing Attack from All Branches of the Federal Government: Angelo A. Paparelli

Part I : "The L-1 — a veritable Clydesdale of work visas — allows executives, managers and employees with specialized knowledge, gained at an overseas affiliate, subsidiary or parent, to enter the U.S. and work in a comparable capacity for a related company. This two-part blog post will...

AAO L-1 Specialized Knowledge Victory: Marketing Specialist

"In the present case, the petitioner's claims are based on both prongs of the statutory definition, asserting that the beneficiary has a special knowledge of the company's products and their application in international markets, as well as advanced knowledge of the company's internal...

What The 'L' Is Going On With USCIS? - Eileen M.G. Scofield

"L-1 filings were once familiar territory. The statute and regulations provided a useful roadmap, and practitioners were soon comfortable navigating it with ease and efficiency. As more experienced L-1 visa practitioners know, changes in the L-1 process in recent years necessitate changes in...

AAO 'Doing Business' L-1 Victory

Alan Lee writes: "The attached unpublished decision of the AAO involves the interpretation of the words “doing business” in an I-140 EB-1C multinational executive/managerial petition where the U. S. petitioner’s evidence of such was only between itself and an overseas affiliate...

USCIS Teleconference, Apr. 24, 2014: Administrative Site Visit and Verification Program for L1 Visas

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Thursday, April 24, 2014, from 2 p.m. to 3:30 p.m. (Eastern) to discuss the extension of the Administrative Site Visit and Verification Program (ASVVP) to L1 visas. The ASVVP is a site...

L-1 Petitioners Beware: USCIS Confirms Plans to Expand FDNS Site Visit Program

"In an April 24, 2014 stakeholder teleconference, FDNS’s Associate Director, Sarah Kendall, confirmed plans to expand the Administrative Site Visit and Verification Program (ASVVP) to include all L-1 employers. ... USCIS has provided little guidance regarding L-1 compliance. Therefore, sending...

CBP Launches 'Optimized Processing' for First-Time Canadian TNs, L-1s at 14 Select POEs

"Beginning in mid-September, U.S. Customs and Border Protection (CBP) is optimizing processing for first-time Canadian TN and L applicants seeking entry into the United States under NAFTA. CBP has designated ports of entry that will ensure a more efficient approach to processing the high volume...

New Law Increases H-1B and L-1 Petition Fees: USCIS

USCIS, Jan. 12, 2016 - "The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for...

The H-1B and L-1 Punitive Super Fee Rears its Ugly Head Again - Cyrus D. Mehta, Michelle S. Velasco

Cyrus D. Mehta, Michelle S. Velasco, Jan. 16, 2016 - "USCIS has yet to revise the Form I-129 and Form I-129S. Outside of this announcement there are no other instructions on the USCIS website, and its page on H and L filing fees has not been updated. Nevertheless, USCIS provides only a 30-day grace...

Gaucho Churrasqueiro Chef Position Can Be L-1 Specialized Knowledge: Fogo de Chao v. DHS

Fogo de Chao v. DHS, Sept. 26, 2016 - "...the Court concludes that the record is more than “adequate to support a conclusion” that Fogo’s gaucho churrasqueiro position involves specialized knowledge of Fogo’s product and its application in the U.S. market."