Tag: specialized knowledge

Still an Uphill Battle for L-1B Petitioners

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

Sen. Charles Grassley “troubled” by a new L-1B policy memo

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

Final Version of L-1B Adjudication Policy Memorandum Released

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

Denied a Visa because of the color of your skin ?

It seems like an absurd headline doesn’t it ? We are in 2015 in what we claim is one of the most enlightened countries in the world and this current administration certainly talks a good game about equality, transparency and fair treatment for all. The reality is far different at the USCIS. In a not… Continue reading Denied a Visa because of the color of your skin ?

USCIS Releases L-1B Adjudications Policy Memo

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

Ever been late by 30 minutes ?

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 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… Continue reading USCIS Releases a 48 Page L-1B Denial Template

Federal Court Upholds L-1b denial

If you had received 251 L-1b approvals in a row, wouldn’t you feel pretty confident about your next L-1b filing ? As the Brazilian restaurant Fogo discovered, not in this current culture of no.  For many years, Fogo had brought genuine Brazilian gaucho chefs from its restaurants in Brazil to work at its US restaurants using the… Continue reading Federal Court Upholds L-1b denial

DHS Ombudsman office hosts call on L-1b issues

Several HLG attorneys attended the DHS Ombudsman open forum on L-1b petitions.  At some point in the future, an official summary will be posted on the Ombudsman web-site. Until then, below are some items of interest. The DHS acknowledged that there has been a tremendous narrowing of the interpretation of the definition of “specialized knowledge” without any… Continue reading DHS Ombudsman office hosts call on L-1b issues