NEWS
L-1
USCIS Clarifies the L-1 One-Year Foreign Employment Requirement
USCIS has published a policy memo clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year foreign employment requirement”). Please see memo (PDF). The policy memo clarifies: The L-1 beneficiary must be physically outside [...]
L-1 Visa Jurisdictional Change
Texas Service Center to Begin Processing Form I-129 for L Visas On February 12, 2018, the Texas Service Center (TSC) will begin processing certain Form I-129, Petition for a Nonimmigrant Worker petitions for L nonimmigrant classification, also known as L visas. The TSC will share this workload with the California Service Center to [...]
USCIS Makes Additional Data on Employment-Based Visa Programs Available in Support of ‘Hire American’ Executive Order
USCIS has posted additional data about the agency’s employment-based visa programs on its website. This new information reflects USCIS’ commitment to transparency in carrying out President Trump’s Buy American and Hire American Executive Order. The L-1 and H1B datasets are now available.
**WARNING**Travel While Advance Parole Application is Pending Will be Considered Abandonment**WARNING
USCIS will deny Form I-131, Advance Parole applications for abandonment in instances in which the applicant has traveled abroad during the pendency of the application, even if the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States. This was [...]
USCIS Publishes Final Rule on Certain Employment-Based Nonimmigrant and Immigrant Visa Programs
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent [...]
USCIS FEES TO BE RAISED FOR SEVERAL PETITION CATEGORIES – EFFECTIVE DATE 12/23/2016
USCIS published a Fee Increase schedule in the Federal Register today. Applications and petitions mailed, postmarked, or otherwise filed on or after 12/23/16 must include new fee. (81 FR 73292, 10/24/16) USCIS Fee Schedule (pdf) A few important Forms and the corresponding fee increases are listed below: Form From To I-129 $325.00 [...]
H-1B and L-1 Fee Increase** Applicable for a Select Few
On 12/18/15, the President signed into law the omnibus appropriations bill for 2016. Highlights of Business Immigration Provisions of the Act: The bill extends the EB-5, Conrad 30, Special Immigrant Religious Workers, and E-Verify programs through the end of FY2016. Fee Increase: It also includes the following changes to the currently expired H-1B/L-1 [...]
Law Requiring Payment of $2,000/$2,250.00 in Additional Fees Sunsets
The USCIS released this update this morning: H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1 petitions. The additional fee required by Public [...]
USCIS Issues Policy Memorandum on Adjudicating L-1B Petitions
This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess "specialized knowledge" from their foreign operations to their operations in the United States. It provides consolidated and authoritative guidance on the L-1B program, superseding and rescinding certain prior L-1B memoranda. USCIS is [...]
Form I-9 Webinar On-Demand
USCIS has published an informative webinar thats's available on demand about Form I-9 and how to properly complete it. Please watch the I-9 Form webinar.
The ASVVP Extended to L-1 Visas – Raising the Standard of Evidence in Immigration Proceedings
Our latest blog article on The ASVVP Extended to L-1 Visas – Raising the Standard of Evidence in Immigration Proceedings.
California Service Center issues RFE on Every Other L-1B Petition!
Read our blog post on California Service Center issues RFE on Every Other L-1B Petition!
We Are Not Open For Business – the Death of the L-1B Visa Program
Our latest blog post. Please read the entire post at http://blog.kidambi.com.
L-1 Visa Program Lacks Consistency and USCIS Officers Require Training Concludes OIG Report
The Department of Homeland Security Office of Inspector General (OIG) report on the L-1 visa program finds that Service guidance regarding specialized knowledge is not applied consistently and that more training at both CBP and USCIS is needed. For instance, the Report states this about the L-1B program: In our 2006 report Review [...]
U.S. Embassy, India announces the expansion of the visa interview waiver program
The U.S. Embassy, New Delhi, India announced the expansion of the visa interview waiver program. This will allow certain Non Immigrant Visa applicants seeking to renew a visa that expired within the last 48 months to obtain a Visa without an interview. The program streamlines processing for the following: Under the current [...]
U.S. Chamber of Commerce Letter on L-1B Program
In a significant letter, the U.S. Chamber of Commerce discusses industry experience in how the L-1B Program is administered by the Department of State.
USCIS Announces New Filing Option on Behalf of Canadian TN & L-1 Non-immigrants
Beginning October 1, 2012, USCIS will begin accepting the Form I-129, Petition for Non-immigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN non-immigrant. New filing optionTN and L1
Charting H-1B users, as attention shifts to L-1
A news article from ComputerWorld reports that as H-1B visa use stagnates, experts say changes to less strict L-1 could bring U.S. job losses. For sure, the H-1B occupies the center of the workforce visa debate. But there has been little effort in Congress this term to change the H-1B cap, which remains [...]
New Proposed Rule Will Offer Longer L-1 Validity Periods based on Reciprocity Schedules
Why is the Department promulgating this rule? Current Department regulations require that L visa duration be limited to the validity period of the petition, which, under Department of Homeland Security (DHS) regulations, cannot exceed three years. Petitioners may apply to U.S. Citizenship and Immigration Services (USCIS) for extension of petition validity in increments [...]
AAO Reverses L-1 Denial Based on Qualifying Relationship
The AAO reversed the L-1 petition denial and found the petitioner only needed to document that the transfer of ownership interest between the foreign entity and existing owner occurred, noting that USCIS's focus on the purchase price was misplaced. [Courtesy- AILA] AAO L1 reversal