Better L-1 Adjudications on the Horizon?
November 26th, 2014 by SRW Lawyers
While this may be wishful thinking, there are signs that point to the possibility of more consistent L-1 adjudications for 2015 and beyond.
One sign is recent Administrative Appeals Office (AAO) and U.S. Court of Appeals cases have exposed some inconsistencies and restrictive interpretations with respect to L-1 adjudications at Citizenship & Immigration Services (CIS) Service Centers.
The AAO recently sustained the appeal of an L-1A matter concluding that foreign national will in fact be employed in a managerial capacity in his role as Senior Technical Manager. In its review the AAO concluded that the California Service Center overlooked evidence when making its decision. Back on October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit in Fogo de Chao v. DHS, No. 13-5301, was pretty hard on CIS for its specialized knowledge analysis and denial of an L-1B petition for a Brazilian churrasqueiro or gaucho chef.
Another sign that L-1 adjudication consistency is actively being pursued is that Customs and Border Patrol (CBP) Officers have been sent to Service Centers for training on L-1 and TN petitions. CBP Officers adjudicate L-1 petitions for Canadian citizens right at the port of entry.
Most recently, and perhaps most importantly, part of President Obama’s executive actions on immigration will include consolidated guidance on specialized knowledge to ensure greater consistency in the adjudication of L-1B petitions.
It has been a difficult 3+ year stretch for companies who need to file L-1 petitions to meet certain needs in the U.S. Overly burdensome Requests for Evidence (RFEs) and denials have been on the rise. Hopefully these signs point to the pendulum swinging back to more consistent and reasonable L-1 adjudications.
