Posted on 04/03/2012 by Mark A. Ivener, A Law Corporation
Sixty-four business organizations signed a letter on L-1 legal and policy issues sent on March 22, 2012, to President Obama and the Secretaries of Commerce, Homeland Security, and State. New proposed L-1 guidance is anticipated from U.S. Citizenship and Immigration Services.
Among other things, the letter notes that it has become increasingly difficult for companies to procure visas to transfer existing employees in the United States to continue work. A significant concern, the letter notes, is that an “inconsistent and improperly narrowed” definition of specialized knowledge is being used to determine which employees qualify for L-1B status. When visas for key staff already employed in an organization are inexplicably delayed or denied, such delays or denials do not enhance compliance or enforcement and “do nothing except disrupt carefully laid business plans and create significant costs to the company and the American economy,” the letter states.