As part of his Nov. 20, 2014, announcement of administrative fixes to immigration policies through executive action, President Obama called on the U.S. Department of Homeland Security (DHS) to improve our current immigration system and support employment of highly-skilled workers. In response, DHS Secretary Jeh Johnson directed the U.S. Citizenship and Immigration Services (USCIS) to issue clear guidance on the adjudicatory standards for L-1B nonimmigrant visa petitions.
The L-1B category allows multinational companies to transfer workers from affiliated overseas companies. The company must demonstrate that the employee possesses “specialized knowledge”—which is broadly defined as either “special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets,” or “an advanced level of knowledge or expertise in the organization’s processes and procedures.”
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