Department of Inspector Genera

Department of Inspector General Investigates the L-1 Visa program By: Nicole C. Dillard, Esq. 據我們了解，The Office of the Inspector General已經開始對L-1 visa program進行嚴格審查。這是由於現時不少L-1 visa申請實際上並不符合要求。以下是我們L-1 visa分類及申請要求的一些解釋，以供大家參考。 The Office of the Inspector General has investigated the vulnerabilities and potential abuses in the L-1 visa program. The L-1 visa, is a visa classification designed to facilitate the temporary transfer of foreign nationals’ management, executive, and specialized knowledge skills to the United States to continue employment with an office of the same employer, its parent, branch, subsidiary, or affiliate. In order to qualify for an L-1 visa, the alien employee must fall in one of two subcategories: 1. L-1A—an alien coming temporarily to perform services in a managerial or executive capacity 2. L-1B—an alien coming temporarily to perform services that entail specialized knowledge. Specialized knowledge is special knowledge of the employer’s product or its application in international markets or advanced level of knowledge of the employer’s processes and procedures. L-1 beneficiaries must have worked abroad for the petitioning corporation of firm, or for a branch, subsidiary or affiliate of the petitioning company for one continuous year within a three-year period immediately preceding the filing of the petition. These time-of-service limitations are intended to limit the L-visa to existing foreign employees, sent to the United States temporarily, and to preclude companied from hiring abroad for U.S. vacancies. According to the Office of Inspector General, the L-1 program is vulnerable in several respects. First the program allows for the transfer of managers and executives, but adjudicators often find it difficult to be confident that a firm truly intends using an imported worker in such a capacity. Specifically, for example, an adjudicator cannot be certain that a beneficiary will work as a personnel manager if approved, or as just another salesperson. No document can be requested that will prove the future activities of the beneficiary. Next, the program allows for the workers with “specialized knowledge” but the term is so broadly defined that adjudicators believe they have little choice but to approve almost all petitions. The phrase “specialized knowledge” is suspected to be, not restrictive enough. Additionally, since adjudicators confirmed that many employment-based petitions were usually professionally prepared by experienced attorneys, they were either too vague or too technical, for the adjudicator to make appropriate decisions. Furthermore, the transfer of L-1 workers requires that the petitioning firm is doing business abroad, but adjudicators in the United States have little ability to evaluate the substantiality of the foreign operation. And finally, the program encompasses petitioners who do not yet have, but are merely are in the process of establishing, their first U.S. office and it also permits petitioners to transfer themselves to the united States. These two provisions, separately and in combination provide opportunities for some of the abuse that appears to be occurring. The Office of Inspector General made three recommendations to the Department of Homeland Security, United States Citizenship and Immigration Service regarding the L-1 visa program to address the potential fraudulent abuse that is occurring. 1. That USCIS establish a procedure to obtain overseas verification of pending H and L petitions by Department State officers in the countries 2. That USCIS explore with Immigration and Customs Enforcement (ICE) whether ICE Visa Security Officers, experienced criminal investigators assigned abroad, could assist in checking with bona fides of L petitions submitted by petitioners in the countries in which the officers are assigned. 3. That the USCIS, in the framework of its participation of the “L Visa Interagency Task Force” which consists of representatives from the Departments of Homeland Security, Justice and State, seek legislative clarification relative to: 1. Applying the concepts of manager and executive to L–1A visas and verifying that the beneficiary will be so used; 2. The term “specialized knowledge” as altered in the Immigration Act of 1990, and according to USCI guidance issued in March 1994; and 3. The criteria and proof required when a foreign company seeks to use an L petition to open a new office in the United States. The recommendations made by the Office of Inspector General to the United States Citizenship and Immigration Service will be taken under consideration. We will continue to inform you of any decisions that are made regarding the L visa program. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]