Listening Session: Form I-129, L Petition for Nonimmigrant Worker

U.S. Citizenship and Immigration Services (USCIS) invited you to participate in a listening session on Tuesday, Jan. 25, 2022, from 2 to 3:30 p.m. Eastern. The listening session was for stakeholders to provide feedback on modernizing and simplifying the regulations governing L petition adjudications. USCIS is seeking input on all aspects of L adjudications - L-1A managers and executives, L-1B specialized knowledge workers, new office petitions, blanket petitions, and evidentiary issues. This is part of a series of listening sessions that USCIS will host in the coming months to seek input on business and foreign worker-related policy considerations. USCIS is committed to public engagement, and sessions such as these provide us with valuable feedback as we work to improve our programs.

Topics of interest and questions for consideration: While USCIS is interested in overall feedback regarding the L visa program, we would appreciate feedback on the following topics:

1. Evidence

• Are there evidentiary requirements that are duplicative, burdensome or confusing?
• USCIS is considering providing more detailed examples of evidentiary criteria in the regulations. Would this be useful to petitioners, and if so, what types of evidence would be helpful in demonstrating:
  • Ownership and control in relation to a qualifying organization;
  • Managerial or executive capacity;
  • Function manager;
  • Specialized knowledge (e.g., special vs. advanced knowledge); and
  • Qualifying relationship involving a not-for-profit organization?

2. Definitions

• Are there terms used in DHS regulations that lack definitions or clarity, and, if so, how should USCIS define or revise them?
  • For example, should USCIS revise the definition of “specialized knowledge”? Considering the limited statutory language and legislative history, how should USCIS clarify that term?
  • For multinational executives and managers, should USCIS define the term “professional” in reference to those individuals that a manager supervises, and, if so, how?
• Would a more detailed explanation of the concept of “qualifying organization” be helpful, particularly with respect to an individual entity that is part of a larger organization?

3. Program Integrity

• What policies, procedures, or new requirements could USCIS implement to prevent abuses in the L program?
• What improvements can USCIS make to its administration of the Visa Reform Act?

4. General

• Do you have any additional feedback on L adjudications?