Updated Policy Memorandum on L-1B Visa Petition Adjudications
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U.S. Citizenship and Immigration Services (USCIS) invited you to participate in a stakeholder engagement on Thursday, April 9, from 1 to 2 p.m. (Eastern) regarding an updated policy memorandum . The policy memorandum involves the L-1B nonimmigrant visa classification for foreign workers with specialized knowledge.
On March 24, 2015 , USCIS Director León Rodríguez announced the release of the policy memorandum, which will be posted for a 45-day public feedback period . It will go into effect on August 31, 2015. It provides guidance to USCIS officers in adjudicating petitions filed by multinational companies seeking to temporarily transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States.
The updated policy memorandum clarifies for adjudicators how L-1B petitioners may demonstrate that an employee possesses specialized knowledge. Employees classified as L-1B nonimmigrants may work in any industry and serve in any type of position, so long as the position requires specialized knowledge, and the specific position is covered by an approved L-1B petition. Officers make the adjudications on a case-by-case assessment, based on the totality of the circumstances and a preponderance of the evidence presented.
Issuing a final policy memorandum on L-1B adjudications is one of the executive actions on immigration that President Obama announced in November 2014. Release of the memorandum is part of the Administration’s initiatives to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.
During this teleconference, USCIS representatives presented this updated policy and answered stakeholder questions.