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On Tuesday, U.S. Citizenship and Immigration Services issued final guidance regarding L-1B adjudications policy. The L-1B visa category permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the U.S. The new policy memorandum applies to all L-1B petitions pending or filed with USCIS on or after August 31, 2015.
The agency released an earlier version of the policy in March and solicited public feedback. Though the structure of the final guidance remains unchanged, USCIS made several substantive changes that are likely to affect how USCIS adjudicators apply the policy. Below are key changes that companies should be aware of as they prepare for implementation of the new binding policy guidance:
BAL Analysis: In light of the subjective nature of the L-1B visa category, it is difficult to predict how USCIS adjudicators will interpret the nuanced and lengthy 15-page guidance. Though the final policy memorandum retained important provisions, such as affirming the preponderance-of-evidence standard, other provisions could result in sustained or elevated rates of Requests for Evidence (RFEs) or L-1B denials. BAL will continue to work with the agencies and monitor the government’s implementation of the guidance. Clients should consult with their BAL professionals to discuss how the guidance may impact their L-1B programs.
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