The L-1 intracompany transferee visa program

The L-1 visa program facilitates the temporary transfer of foreign nationals with management, professional, and specialist skills to the United States.

For purposes of section 101(a)(15)(L), an alien is considered to be serving in a capacity involving specialized knowledge with respect to a company if the alien has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.

Although the above definition is vague, there is more practical idea after the Puleo & Successive CIS memoranda:

1) To determine what is special, it must determine what is "ordinary".

2) An elevated class of workers within a company.

3) Look beyond the stated job duties and consider the importance of the beneficiary's knowledge of the business's product or service, management operations, or decision making process.

Although U.S. Citizenship and Immigration Services regulations and headquarters memorandums provide guidance regarding the definition of specialized knowledge, they are still insufficient to ensure consistent application of L-1 visa program requirements in processing visas and petitions.

More communication between DHS and the Department of State would improve the processing of blanket petitions.

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