Abuse of Visa Process Not a Reason to Deny Good Faith Petitions

When Congress passed the L-1 Visa Reform Act of 2004 (the “L-1 Reform Act”) it did so to address a narrow and specific concern about some companies which had “outsourced” L-1B intra-company transferees to third party employers.

The L-1B visa is very popular in the age of globalization because it allows foreign employees of multi-national domestic companies to transfer to the U.S. if they have “specialized knowledge” that is needed here, pursuant to the terms of the Immigration and Nationality Act of 1970 (the “INA”) and the Immigration Act of 1990 (“IMMACT90”).

Sen. Saxby Chambliss, when he introduced the L-1 Reform Act, acknowledged that the L-1 visa class “is an important tool for our multi-national corporations,” and emphasized that he only wanted to close a loophole for third party placement of “specialized knowledge” workers.” Chambliss made it clear that he had no desire to force “unnecessary restrictions on the visa that would only result in adverse effects on legitimate L-1 users.”

In fact, the L-1 Reform Act enacted no legislative change to the definition of “specialized knowledge” under the INA and IMMACT90.

Thus, the agencies interpreting those legislative acts would be well-advised not to further constrict the narrow entry point that they have constructed for L-1B workers because there was no legislative intent to trigger such restrictive action.

The still persistent practice of narrowing the entryway for L-1B applicants through policy guidance and administrative decisions unrelated to the INA or IMMACT90 demonstrates the need for stricter Congressional oversight, as well as the practical importance of having experienced counsel to advocate for L-1B transfer visa petitions.

If you are an employer or agent of an employer responsible for intra-company, inter-country transfers or compliance with immigration rules generally, please do not hesitate to contact our office for assistance. You are also welcome to visit the pertinent section of our Website for additional information about our services.

AUTHOR: The Shapiro Law Group

Copyright The Shapiro Law Group
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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