USCIS Proposes: L-1B Adjudications Policy

The Key – Applying the "Preponderance of the Evidence" standard"?

Immigration practitioners are trying to figure out what to make of the proposed Policy Memorandum on L-1B Adjudications Policy (hereinafter "Guidance") published by USCIS on March 24^th. There will be much discussion and debate during the 45-day comment period as we all struggle to figure out whether this will in fact have a positive impact.

There are a lot of good things in there. It clearly states that the Immigration Act of 1990 was intended to broaden the use of the L-1 visa category, contrary to the position the Administrative Appeals Office has taken. It reasserts the principle that USCIS should give deference to its prior decisions. It reaffirms that proprietary knowledge is not required and that an employee does not always have to possess knowledge that is unique to the sponsoring employer or that the knowledge necessarily be narrowly held within the petitioning employer's organization. It