The United States Custom and Immigration Service (USCIS) issued the final version of an Adjudication Policy Memorandum, which “supersedes and rescinds” various elements of government policy regarding the L-1B visas. Berd & Klauss, PLLC, highly respected immigration attorneys based in New York City, is here to explain the changes outlined in the new memo and how they might impact your application.
L-1B visas, or intracompany transferee visas, allow companies to transfer key personnel from a foreign entity to a related location in the United States. To qualify for this visa classification, the organization filing the application must demonstrate that the beneficiary possesses specialized and advanced knowledge that is not easily transferable to other employees of the company.
USCIS's adjudication memo is intended to clarify what qualifies as possessing “specialized” or “advanced” knowledge under immigration law. Under the new guidelines, USCIS will consider the following factors:
- Any specialized knowledge the beneficiary possesses which is not generally available within the company or industry in general, especially regarding highly complex or sophisticated processes.
- Whether specialized knowledge held by the beneficiary will enhance the company's competitiveness within the industry.
- Whether the employee has contributed significantly to the company's success in other countries.
- Whether the beneficiary's skills and knowledge cannot be transferred to another employee within the company without incurring serious economic cost.
These are just a few of the clarifications issued by USCIS. Visit Berd & Klauss, PLLC online to learn more about their legal services, or call (212) 461-7152 to schedule a consultation today.