The big day is here! USCIS released the first glimpse of what the new L1B guidance will look like, which includes definitions for special and advanced knowledge:
• special knowledge, which is knowledge of the petitioning employer’s product, service, research, equipment, techniques, management, or other interests and its applications in international markets that is demonstrably distinct or uncommon in comparison to that generally found in the particular industry or within the petitioning employer; or
• advanced knowledge, which is knowledge or expertise in the organization’s specific processes and procedures that is not commonly found in the relevant industry and is greatly developed or further along in progress, complexity and understanding than that generally found within the petitioning employer.
In meeting these definitions, the main criteria will be a comparing the beneficiary’s knowledge against that of others, particularly those within the petitioner’s organization.
Other big developments from this memo include: the ability to easily and inexpensively impart the specialized knowledge to other individuals will continue to be a factor considered. Specialized knowledge need not be proprietary or unique to the petitioning organization. USCIS will not be adding a labor market test to the L1B. Specialized knowledge need not be narrowly held within the petitioning organization but how many hold it within the US organization will be “considered carefully” by officers.
Remember, this is not a final rule yet and some things might still change but it looks like we are getting a solid foundation to build future L-1B petition on. Hammond Law Group will provide its clients with a detailed analysis.