The new L-1B Adjudications Policy will take effect August 31, 2015. The policy will provide clarification in how L-1B petitioners can demonstrate that an employee has specialized knowledge as well as provide information regarding compliance with the requirements of an L-1 visa for off-site employment.
Currently, the policy on the L-1B classification has been set by a series of policy memoranda, however this memorandum will be more consistent by providing more consolidated and authoritative guidance on determining specialized knowledge. In order to establish eligibility of the L-1 status, the petition must show that the beneficiary has specialized knowledge, that the position offered utilizes the specialized knowledge, and that the beneficiary has been employed for at least one year abroad in a qualifying managerial, executive or specialized knowledge position.
Specialized knowledge can be established by one of the two following statutory criteria: special knowledge of a company product and it’s uses or and advanced level of knowledge or expertise of the processes and procedures of the company. A beneficiary may have either special or advanced knowledge or both. The following are list of factors that the USCIS may consider when determining specialized knowledge:
-Specialized knowledge cannot easily be imparted to other individuals
-Specialized knowledge need not be proprietary or unique to the petitioning organization
-L-1B classification does not require test of the U.S. labor market
-Specialized knowledge need not be narrowly held within the petitioning organization
-Specialized knowledge workers need not occupy managerial or similar positions or command high salaries compared to their peers.
-Eligibility for another nonimmigrant classification is not a bar to eligibility for L-1B classification