Regular readers of MurthyIndiaDotCom are aware of the L-1 (“intracompany transferee”) nonimmigrant visa classification that permits certain multinational companies to transfer employees from their foreign operations to their operations in the United States. L-1A classification applies to transfers of employees in managerial and executive cadre and L-1B classification is for employees who possess “specialized knowledge”. The requirements for L-1A classifications are outside the scope of this article.

Since the term “specialized knowledge” was not previous defined clearly, the USCIS had provided an interim guidance, covering this on March 24, 2015. After a 45-day period for public review, this memo has become effective from August 31, 2015. With the introduction of this Memorandum, the USCIS has superseded and rescinded all previous memorandums on this subject.

This memorandum also updated chapter 32.6(e) of the Adjudicator’s Field Manual. Guidelines laid down in this manual are used by officers while making a determination on an L-1B petition.

This memorandum throws light on the prime elements of L-1B classification listed below relating to adjudicating initial cases and re-adjudications (extensions).

• Definition of Specialized Knowledge
• Application of this definition
• Evaluating claims of “Specialized Knowledge”
• Demonstrating Qualifying Employment

This Memorandum can be found here. Previously, L-1B cases attracted a huge volume of RFEs with the USCIS and there was a high volume of denials of Blanket based L-1Bs applications abroad. With the new memorandum in place, we expect the RFEs at the USCIS to reduce and hopefully more number of Blanket based L-1B applications abroad to be approved.

Attorneys at Murthy Law Firm can assist with L petitions with the USCIS and Attorneys at Murthy Immigration Services are available to assist with consular matters relating to L visa applications.