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The highly anticipated draft Policy Memorandum (L-1B Memo) addressing the qualifying criteria for the L-1B visa category was released by U.S. Citizenship and Immigration Services (USCIS) on March 24, giving immigration practitioners and employers clear guidance on the definition of “specialized knowledge” and the standard of review USCIS adjudicators should apply when evaluating L-1B petitions. Corporate counsel should be prepared to address the qualifying criteria outlined in the L-1B Memo, which clarifies and expands on previous agency guidance regarding L-1B visa adjudication. The feedback period for the L-1B Memo ends on May 8 and becomes effective on Aug. 31.
Background
The L-1 visa, also known as the intracompany transferee visa, is a nonimmigrant visa classification that allows companies to transfer employees from a related foreign entity to a U.S. company. This visa category has two formats: the L-1A visa for transfer of executive and managerial personnel, and the L-1B visa for transfer of specialized knowledge personnel.
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