INSZoom Immigration Conference 2016 - L-1 Trends and Policy Changes

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Session – L-1 Trends & Policy Changes

Lead Speaker – Jake Lipman (Visawolf)

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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.

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L-1 Trends

• Multinational Managers 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…

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L-1 Trends

• Managing Outside Resources• Foreign Teams• External Service Providers• Contracts• Invoices

• Include Dotted Line Reporting

• Must Show Physical Space for Work• Lease• Floor Plan• Photos• Business License

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L-1 Trends

• Job Descriptions 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…

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L-1 Trends

• Specialized Knowledge 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

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L-1 Trends

• Special or 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

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L-1 Trends

• Evidence to 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

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L-1 Trends

• 3rd Party Placement• Petitioner must maintain• Control• Supervision

• Specialized knowledge must related to Petitioner’s own• Products• Services• Methodology• Etc…

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L-1 Trends

• Blanket L

• 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

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L-1 Trends

• USCIS Ombudsman 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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Questions

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Thanks!