December 1, 2021

Volume XI, Number 335

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Ever Evolving L-1B Adjudication Standards

Immigration law practitioners have been receiving Requests for Evidence (RFEs) on most L-1B (Intracompany Transferee-Specialized Knowledge) petitions for new issuance as well as L-1B renewals. These RFEs, requiring burdensome responses, in fact may misinterpret the term “specialized knowledge.”

  • In March, 2015 USCIS, in an effort to clarify adjudication standards, issued a draft L-1B Adjudication Policy Memorandum (PM-602-0111), soliciting comments from the public as well as stakeholders.

  • On July 17, 2015, USCIS issued a Request for Comments on Draft RFE Template for Form I-129 involving L-1B Intracompany Transferees-Specialized Knowledge.

  • On August 17, 2015, the final policy memorandum was published.

So how could an RFE template be proposed when an interpretive memorandum on which it is based has not been published in its final form? Moreover, has USCIS even considered the comments it solicited on the Draft Memorandum and Draft RFE Template in these proceedings?

The Draft RFE Template appears to be based upon language in the draft (now final) memorandum which was still the subject of considerable comment from stakeholders when the Draft RFE Template was issued. All of this leads to more confusion, ambiguity, and uncertainty in the application process. This also gives rise to a need for burdensome and generally unnecessary documentation at the initial filing in response to an RFE, or both.

The L-1 saga will continue.

 

Jackson Lewis P.C. © 2021National Law Review, Volume V, Number 233
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About this Author

Gary A. Pappas, Jackson Lewis, immigration attorney, labor lawyer
Of Counsel

Gary A. Pappas is Of Counsel in the Boston, Massachusetts, office of Jackson Lewis P.C. Mr. Pappas has practiced in the field of Immigration Law for over 42 years.

He has represented large and small employers in various industries. He has assisted his clients in all aspects of employment-related immigration issues including Temporary Professional Workers, Intra-company Transferees, and the Permanent Resident process. He has also given advice and counsel to Human Resource personnel and internal counsel on developing and establishing company...

617-367-0025
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