Search

Please check the attachment to view CRS report.

Guidance on L Visas and Specialized Knowledge

Reference Document:

STATE 002016, 01/11

1. The following guidance is in response to a request [redacted] for specific guidelines for L visa adjudications, particularly in regard to evaluating claims of "specialized knowledge," and will be useful to all posts. There is a concern about the potential for inconsistent adjudicatory standards at different constituent posts and clear standards would allow for more consistent adjudication.

This memorandum provides guidance regarding implementation of the provisions of Public Law 111-230 that increase certain H-1B and L-1 petition fees. The additional fee applies to petitioners that employ 50 or more employees in the United States with more than 50% of their employees in the United States in H-1B or L-1A or L-1B nonimmigrant status. Petitioners meeting those criteria must submit the additional fee with an H-1B or L-1 petition filed.

[Federal Register: January 28, 2011 (Volume 76, Number 19)]
[Rules and Regulations]              
[Page 5058-5061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja11-2]                        

=======================================================================
-----------------------------------------------------------------------

[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Rules and Regulations]
[Page 15991-15992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr10-1]

-----------------------------------------

Rules and Regulations

Federal Register

-----------------------------------------

ICE Detention and Removal Operations Director issued a memo to field office directors clarifying the February 22, 2010 memo on removal goals.

Work permits and c9 I-765 application - The center recommends applicants and attorneys to follow the current Pre-Order Instructions which points out that applicants should file the renewed I-485 application with the TSC (Texas Service Center) when the form has been denied and renewed by the IJ. This also holds well when the applicant or attorney submits a new Form I-485 application to the IJ.

U.S. Citizenship and Immigration Services (USCIS) today announced that it has published new versions of the Petition to Classify Orphan as an Immediate Relative, Form I-600 and the Application for Advance Processing of Orphan Petition, Form I-600A .  The new date on the bottom of both forms is “12/30/09 N.” Due to the changes on the forms, previous versions will no longer be accepted after a 60 day transition period. 

Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009.

ICE updated its list of Student and Exchange Visitor Program approved schools.

U.S. Customs and Border Protection announced that travelers interested in applying to the Global Entry and Privium Trusted Traveler programs may do so at one of five “one-stop-shop” joint enrollment centers established as a pilot initiative in the United States and the Netherlands through the Fast Low-Risk Universal Crossing (FLUX) program.

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.

Questions & Answers

Q: What is the H-1B cap?

A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap

 U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

Click here for the visa bulletin.

The Haiti government has requested that the United States provide them with a final list of orphans being considered under the Special Humanitarian Parole Program for Haitian Orphans.  As a result, U.S. Citizenship and Immigration Services (USCIS) will stop accepting new requests for consideration under the special program as of April 14, 2010, and will resume regular processing of intercountry adoptions.  

Perm Processing Times as of 31 st March, 2010.

Access data on persons who became American citizens in fiscal year 2009 by country of birth, state of residence, and other characteristics.

Yearbook of Immigration Statistics: 2009