USCIS Releases a 48 Page L-1B Denial Template

USCIS recently released a 48 page California Service Center (CSC) L-1B denial template in response to a Freedom of Information Act (FOIA) request from the American Immigration Lawyers Association (AILA).  The 48 denial template covers every conceivable way to deny an L-1B petition, whether or not supported by law, and even includes the kitchen sink.  Although a few of the pages do in fact cite to the immigration regulations, the vast majority of the template is cookie cutter, cut and paste and insert here.  This includes guidance to the adjudicator to [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][Insert name of petitioner] and [Insert CBP analysis of why petitioner/beneficiary failed to establish eligibility].  One of the many problems with this type of large template is that too much cut and paste and [insert here] leads to laziness, intended or not, on the part of the adjudicator.   Ultimately, what we have seen in practice is that even after a comprehensive review of the denial, we are unable to determine exactly why the petition was denied.  Which makes it tough to draft a motion to reconsider or motion to reopen.  Other times we find that the denial includes the wrong petitioner or beneficiary or discusses facts not specific to the particular case that was denied.  While USCIS states that such a template is needed for consistency of its decisions, we know that in real life, no two petitions are the same and thus, no two decisions should be the same.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

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