siliconpete

I'm wondering if anybody has any insight in the current state of L1, successfully got a L1-B in 2013 and returned to the UK after 2 years. The company is looking to get me back to the US, assumed L1-B would not be a problem but there's a lot of back and forth with the attorneys.

Did anything change to the criteria for L1-B since 2013, has it become stricter in any way? The principle concern seems to be about not having a degree, last time in 2013 I easily was able to show specialized knowledge. They are looking to see if L1-A could be a better fit though it seems a bit strange to me and will have to revise core responsibilities of the role to fit it into being managerial.

It's all quite stressful and hope to get some more certainty soon - has anybody gone through multiple L1 applications and seen it become more difficult? My gut feeling is going with L1-B is the best route since that got approved last time but might be missing something. Thanks for any information!

Hotscot

Are you working for the company in the UK?

Do you want to be a permanent resident in the US?

Can you push for an L1-A?

petitefrancaise

I'd consider your long term plans:
L1-A is an easier route to a green card if your company is prepared to sponsor you
would being considered a manager in the US look like a promotion? Would it increase your chances of being promoted in the longer term?
At the end of the day, you have lawyers working on this and they can only advise which one would give you the best chance of the visa being approved. You may not have any choice.

siliconpete

I am working for the company in the UK for the required time - exactly the same situation as in 2013, just moving to a team in California. I don't particularly look to become a permanent resident, likely just finishing the 3 years on the L1.

The third party legal team has been pushing towards L1-A being a good option though the role responsibilities IMHO don't really match up with managerial duties. What I'm particularly interested in finding out about is if there are any changes in how L1-B gets accepted since when I got it in 2013, particularly around not having a degree and needing to demonstrate your specific specialized knowledge.

Thanks!

siliconpete

Fair points petitefrancaise - if that is what the lawyers are pushing for I might need to see if they can offer me a role that could fit in with an L1-A - having real difficulties finding enough material to justify it in the current scope of the job offer.

What I am confused about is why L1-B isn't the obvious answer any more since I had that approved in 2013. From what I'm reading nothing changed in the requirements, is it just that their guidelines have changed?

petitefrancaise

google is your friend.
https://www.uscis.gov/ilink/docView/...0-0-57731.html

(B) Specialized knowledge capacity. The term "specialized knowledge" implies that eligibility is dependent upon a showing that a person possesses a type of knowledge and advanced level of expertise that are different from the ordinary or usual in a particular field, process, or function. Knowledge which is widely held or related to common practices or techniques and which is readily available in the United States job market is not specialized for purposes of L classification. The level of knowledge required and the employment of the specific alien must directly relate to the proprietary interest of the petitioner. To be proprietary, the knowledge must relate to something which relates exclusively to the petitioner's business. For example, knowledge which is essential to a special research program, or expert knowledge regarding a firm's materially different product or manufacturing process may be deemed specialized. Further, the employment of the beneficiary or a person with equivalent knowledge must be cri tical to the petitioner's proprietary interests. Eligibility under section 101(a)(15)(L) does not extend t persons whose general knowledge and expertise enable them to merely produce a product or provide a service. For example, chefs and specialty cooks are not considered to have specialized knowledge, even though they may have knowledge of a restaurant's special recipes.

Hotscot

But why do you think the L1-B, for specialized knowledge, is a problem this time? I'm not clear on that?

siliconpete

That's exactly what I'm not clear about as well Hotscot - the very same legal firm last time had me apply on an L1-B and it got approved. The requirements have not changed from what I can see, the only thing I'm imagining is there must be some guidelines in place where the specialized knowledge if you're lacking a degree is interpreted differently?

Was hoping somebody might have been in the same situation.

Hotscot

Yes but has anyone told you there's a problem? Are they not keeping you in the loop?
Do you have some expectation that it will be rejected?

tht

siliconpete

appreciate the replies - I'll try to schedule some time with the attorney to get more information and if I figure out what the current situation is will update this thread.

robtuck

The lawyers my company use have also mentioned increased scrutiny in recent months, no changes in law, just the enforcement has "tightened" with more questions being asked. I just had this with my Green Card as well, filing pretty much the same evidence used for the L1A only 2 years previous (updated a little to reflect the current world) and had a RFE requiring a good 10-12 pages of further evidence. The criteria for both are almost the same, so ti does indeed seem as if more scrutiny is being placed on applications at times.

L1A is usually an easier sell I think (just personal opinion) - if you can show Managerial responsibilities it's a bit easier to tick the right boxes for that Visa vs. Specialised Knowledge, and the lack of a degree probably opens up a little more risk for the lawyers. That said, if it really isn't what you do right now, tell them you'll take the promotion on offer!

Hotscot

I don't think the lawyers are at risk. They make their money.

shiversaint

Yeah this sounds like your immigration lawyers are being wary of the increased scrutiny on basically all visa types. Maybe you just slipped through before and they don't feel as confident now.

Hawkini

I don't like it when people say this - it's not really true.
My wife was sponsored on a L1-B visa, and applied for (and was approved for) a EB-1C multinational manager.
There is *absolutely* no truth that a L1-A is an easier route - the EB-1 (or EB-2/3) are totally judged on their own merit.
If you want to caveat and say "it's easier *because you may be able to re-use some of the material or evidence in the new petition* then say that, but there is no correlation between L1-A or L1-B and the ease of getting a green card later.