The Service’s annual 2016 report to the Ombudsman was recently release and contained concerning information for L-1 visa petitioners. Unfortunately, the RFE rates of L-1 visas appear to continue to have no rhyme or reason. “L-1A RFE data shows inverse trending between the CSC and the VSC. For example, CSC’s L-1A rates surged to 55… Continue reading L-1 RFE’s are handed out inconsistently between Service Centers?
On January 13, U.S. District Judge Stephen V. Wilson refused, Chain-Sys Corp.’s, a Michigan technology company, motion for summary judgment accusing U.S. Citizenship and Immigration Services officials of improperly denying an L-1B visa for a programmer from India, saying the agency had a reasonable foundation for its decision. Chain-Sys, which creates software applications, most notably… Continue reading Still an Uphill Battle for L-1B Petitioners
The Consolidated Appropriations Act, 2016 (Public Law 114-113) was signed into law on December 18, 2015 and increased the fee for certain H-1B and L-1 petitioners. USCIS issued a web alert today that the additional fee now applies when a petitioner employs 50 or more individuals in the United States, with more than 50% of… Continue reading Updates to Increases in H-1B and L-1 Petition Fees
On October 1, 2015, Congress failed to extend the additional filing fees for petitioners whose workforces are heavily reliant on H-1B and L-1 employees. The law, known as Public Law 111-230, required an extra $2,000 fee for certain H-1B petitions, and a $2,250 fee for L-1A and L-1B petitions, whose company had 50 or more… Continue reading Public Law 111-230 Fee Expiration Opens Window
The main reason Senator Grassley was troubled was because he believed that the new memo could result in hundreds of thousands of temporary foreign workers being admitted into the U.S. … wouldn’t that be terrible! Senator Grassley also believed that “A more liberal definition of ‘specialized knowledge’ that causes hundreds of thousands of additional L-1B… Continue reading Sen. Charles Grassley “troubled” by a new L-1B policy memo
On August 17, 2015 USCIS released the final version of its policy memo that will guide the future adjudication of the L-1B visa classification. This memo will apply to all L-1B petitions pending or filed with USCIS on or after August 31, 2015. If petitioners will have a petition pending with USCIS beyond August 31,… Continue reading Final Version of L-1B Adjudication Policy Memorandum Released
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… Continue reading USCIS Releases L-1B Adjudications Policy Memo
As of September, U.S. Customs and Border Protection (CBP) is optimizing processing for first-time Canadian TN and L applicants at 14 designated ports of entry including 4 preclearance locations. According to CBP, optimized processing will ensure a more efficient approach to processing the high volume of applications received every day. Optimized processing is only available… Continue reading CBP is “Optimizing” Processing for first-time Canadian TN and L Applicants
Our friends to the north have been observing our current immigration system and have noted that the US policy and practice at present is to refuse work visas to high tech workers (STEM grads), entrepreneurs, and specialized workers from international companies and have decided that they may be able to take advantage of our ineptitude. I… Continue reading Canada has eyes set on H-1b and L-1b workers
This really isn’t directly relevant to IT workers but, I found it interesting so I thought I would share. Often, we talk about the “Culture of No” that is so pervasive at the USCIS and US Consulates and we struggles to understand how someone can have been found to possess specialized knowledge the last 3 times their… Continue reading Ever been late by 30 minutes ?
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… Continue reading USCIS Releases a 48 Page L-1B Denial Template