L-1B Specialized Knowledge Visa Category Guidance Goes into Effect Today: Brave New World?

While the L-1B Adjudications Policy Memorandum published by United States Citizenship and Immigration Services on August 17, 2015, effective as of August 31, 2015, has many positive components, petitioners and practitioners are much concerned.

The bottom line is that nothing in the Guidance "twists the arms" of adjudicators or strongly pushes them to change their attitudes towards L-1B petitions, and without a change in attitude, officers will always find ways to issue "requests for evidence (RFE's)" and deny cases even within the revised guidelines.

Weight of the Evidence

It is significant that the Service recognizes in this Guidance the value of the petitioner's letter. "A petitioner's statement may be persuasive evidence if it is detailed, specific, and credible. Adjudicators may, in appropriate cases, however, request further evidence to support a petitioner's statement, bearing in mind that there may be cases involving circumstances that may be difficult to