NewsFlash! USCIS Releases Draft L1B Policy Memo

Earlier today, the U.S. Citizenship and Immigration Services (USCIS) released a draft version of a long-awaited policy memorandum on the L1B classification. The USCIS will accept feedback regarding the memo through May 8, 2015, and, barring any changes, this policy memo will go into effect on August 31st.

As explained in the memo, “Congress created the L1B classification so that multinational companies could more effectively transfer foreign employees with specialized knowledge to their U.S. operations.” However, the USCIS has struggled over the years to provide a clear explanation to stakeholders regarding what constitutes “specialized knowledge.” Moreover, the adjudication of L1B petitions has been rather inconsistent, leading to uncertainty and disruption for many businesses. This latest memo is intended to clarify the meaning of “specialized knowledge,” as well as to consolidate guidance and address various other issues related to the L1B category.

Attorneys at the Murthy Law Firm are currently in the process of closely reviewing and analyzing this draft memorandum. A more detailed synopsis of the memo will be posted on MurthyDotCom in the near future. In the meantime, for more information regarding the L1B category, please see the NewsBrief, Attempting to Define Specialized Knowledge for L1B Approvals  (11.Jun.2013).

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