Clarification of the Definition of “Specialized Knowledge” for L-1B Intracompany Transferees

On November 20, 2014, President Obama announced a variety of executive measures that his administration will undertake in order to improve and enhance the current immigration system in the United States and to positively impact the U.S. economy.  One of these measures is to clarify “specialized knowledge” for purposes of the L-1B Intracompany Transferee Program.

Under the L-1B Program, a multinational company is permitted to transfer employees possessing “specialized knowledge” in company products or processes to a U.S. subsidiary or affiliate for a temporary period of time. However, the lack of clear guidance on what constitutes “specialized knowledge” has led to inconsistent adjudications by the U.S. Citizenship and Immigration Services (USCIS) and a corresponding lack of confidence by multinational companies in the L-1B Program.

In recognition of the fact that the L-1B Intracompany Transferee Program is an essential tool for the growth and stability of global and international businesses, Department of Homeland Security Jeh Johnson directed USCIS to issue a memorandum that provides clear consolidated guidance as to the meaning of “specialized knowledge” for purposes of the L-1B program.

The forthcoming guidance is intended to provide greater coherence and consistency in adjudications of L-1B petitions and increase employers’ confidence in the L-1B Program.

At Kolko & Associates, P.C., we are more than happy to review the anticipated guidance regarding the L-1B Program and its impact on your business. Please contact Kolko & Associates, P.C. at (303) 371-1822 to set up a consultation with of our licensed and experienced attorneys to review your case.