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INSZoom Immigration Conference 2016 - L-1 Trends and Policy Changes
The document summarizes trends and policy changes related to L-1 visa petitions. It discusses L-1 visa requirements for intracompany transferees in managerial/executive (L-1A) or specialized knowledge (L-1B) positions. The lead speaker, Jake Lipman from Visawolf, covered issues like required job duties and supporting documentation for L-1 petition approval as well as recent USCIS policy memorandums on L-1B specialized knowledge thresholds. Statistics on Request for Evidence rates across different USCIS service centers were also presented.
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INSZoom Immigration Conference 2016 - L-1 Trends and Policy Changes
- 1. 1 Premium sponsor Gold sponsor Exhibitors Session – L-1Trends & Policy Changes Lead Speaker – Jake Lipman (Visawolf)
- 2. 2 Premium sponsor Gold sponsor Exhibitors L-1 Trends • Definition •Intracompany Transferee (L-1A or L-1B) • An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge.
- 3. 3 Premium sponsor Gold sponsor Exhibitors L-1 Trends • MultinationalManagers and Executives • Administrative Tasks • Must Show Supporting Team • Organizational charts • Resumes • Salary • Job descriptions • No Productive Work • Should be done through others • Just what you would expect from a manager…
- 4. 4 Premium sponsor Gold sponsor Exhibitors L-1 Trends • ManagingOutside Resources • Foreign Teams • External Service Providers • Contracts • Invoices • Include Dotted Line Reporting • Must Show Physical Space for Work • Lease • Floor Plan • Photos • Business License
- 5. 5 Premium sponsor Gold sponsor Exhibitors L-1 Trends • JobDescriptions Cannot be Vague • Broad, general terms do NOT work • Explain what is meant by words like: • Direct • Supervise • Oversee • Manage • Be specific… Explain process… • Show percentage of time for all duties • Vast majority of duties must be managerial or executive • Spare no detail…
- 6. 6 Premium sponsor Gold sponsor Exhibitors L-1 Trends • SpecializedKnowledge Workers • USCIS L-1B Adjudications Policy Memorandum (August 17, 2015) • Preponderance of the Evidence Standard is applicable • Totality of the Circumstances Test is applicable • Provides “specialized Knowledge” or “advanced knowledge” thresholds • Confirms specialized knowledge does not have to be proprietary to the sponsoring organization • Confirms placement of L-1B workers at third party worksites is permitted • Confirms specialized knowledge need not be narrowly held • Confirms L-1B workers do not need to be elevated employees or command a high salary
- 7. 7 Premium sponsor Gold sponsor Exhibitors L-1 Trends • Specialor Advance Knowledge • Must show how knowledge was developed • Training • Experience • Advancement • Did the employee help develop the specialized knowledge? • Must be gained with Petitioner • Must rise above knowledge held by others • Inside the organization • Outside the organization • Compare to all others in the field • Compare to similarly situated employees
- 8. 8 Premium sponsor Gold sponsor Exhibitors L-1 Trends • Evidenceto Show Specialized Knowledge • Training • Awards received • Long employment history with the employer • Employee helped develop the product, tool, technology, etc. • Supervisor or other more responsible role • Higher salary compared to others • Expert opinions • Press releases, articles • Patents, trademarks
- 9. 9 Premium sponsor Gold sponsor Exhibitors L-1 Trends • 3rdParty Placement • Petitioner must maintain • Control • Supervision • Specialized knowledge must related to Petitioner’s own • Products • Services • Methodology • Etc…
- 10. 10 Premium sponsor Gold sponsor Exhibitors L-1 Trends • BlanketL • I-129S endorsement date is equivalent to I-797 approval notice • Errors on the Blanket L visas should be corrected overseas • Inconsistencies with I-94 expiration dates • Corrections made by Deferred Inspection inside US • November 10, 2016 – Blanket L-1 filed with USCIS requires Form I-129S • Extensions • Change of Status
- 11. 11 Premium sponsor Gold sponsor Exhibitors L-1 Trends • USCISOmbudsman Report 2016 • RFE Rates Inconsistent at USCIS Service Centers • CSC L-1A • 2015 > 55% • VSC L-1A • 2015 < 29% from 44% • CSC L-1B • 2015 < 44% • VSC L-1B • 2015 < 33%
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