In regards to L-1B Visa petitions, USCIS has inconsistently interpreted and defined specialized knowledge in the past. Because of this, there has been uncertainty for some multinational businesses that need to bring in employees with the skills and knowledge required in specialized areas.
In an effort to address this uncertainty, the DHS has directed the USCIS to review and improve their guidance on the meaning of specialized knowledge.
Defining “Specialized Knowledge” for L-1B Visas
USCIS is set to produce a policy memorandum which gives “clear, consolidated guidance” on the exact meaning of “specialized knowledge” where L-1B visas are concerned. Immigration attorneys have been seeking a definitive guideline for many years.
Migrant Business People
USCIS has been instructed to undertake specific actions for defining protocols for migrant business people:
Define procedure for obtaining a National Interest Waiver.
Make clear the accepted procedure through which migrant business people can secure a national interest reprieve whereby immigrants are able to carry out petitions for green cards on their own behalf, without the need for employers to sponsor them, but only in cases where their admission to the United States is in the best interest of the nation. To learn more about specific guidelines for business people, please visit:
Encourage growth of Research, Development, and Entrepreneurs.
Advance a plan that allows the agency to pardon researchers, start-up company founders and inventors who have either received major U.S. financing from investors, or who will create jobs and advance innovation via technological developments and/or avant-garde research. Each case is to be judged on its own merits.
Authority to grant pardon/parole
The authority to grant pardon/parole is found within the Immigration and Nationality Act, under Section 212(d)(5). In it, certain immigrants are allowed admission outside of the normal channels if their admission would provide significant benefit to the general public. Johnson makes it clear that the USCIS regulation must outline resource and income boundaries when paroles are granted, so that immigrants will not qualify for premium tax credits within the Affordable Care Act or federal public benefits.
Are You Concerned About How Executive Orders On Immigration Can Impact Your Life?
If you feel recent Executive Oorders On Immigration will impact your legal status within the United States you need to speak with an experienced immigration attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your case consultation.
