An August report by the Department of Homeland Security has proposed reducing the number of available L-1 visas, which is not currently capped. The report by the DHS’s Office of Inspector General suggests that L-1 visas could be used to avoid the more restrictive H-1B visa process, although there is no definitive evidence that this is currently occurring. In fact, H-1B visas are more highly sought than L-1 visas and have been for years.
The intent of the L-1 visa classification is for a U.S. employer to transfer an executive or manager from one of its foreign offices to one of its U.S. offices and may also be used by foreign companies to establish a new U.S. office. There are two types of L-1 visa, the L-1A for executives/managers and the L-1B for those with specialized knowledge. The nebulous definition of what constitutes “specialized knowledge” is another issued raised by the report. L-1 visas also have perks that H-1B visa do not, such as the ability for dependent spouses to receive work authorization while in the U.S.
Since L-1 visa applications can be presented for adjudication to Customs and Border Patrol (CBP) officers along the U.S.-Canadian border instead of being submitted to a USCIS office, the report also scrutinized whether CBP officers sufficiently trained to review the applications. While the CBP contends that its officer are properly trained, they have agreed consider training recommendations outlined in the report.
Stern & Curray will continue to monitor the impact of this report on L-1 visa applications. More information about this visa classification can be found under Employment Visas.