On August 16, 2022, USCIS updated its Policy Manual to clarify how it determines eligibility for nonimmigrants seeking classification as managers or executives (L1A) and specialized knowledge workers (L1B). The update, now contained in Volume 2 of the Policy Manual and issued as effective immediately, consolidates and updates guidance previously contained in the Adjudicator’s Field Manual (AFM) Chapter 32, as well as related appendices and policy memoranda. Per USCIS, the update is not intended to change existing policy or create new policy but controls and supersedes any related prior guidance. Highlights/key sections of helpful chapters include:
Purpose and Background: discussion of all Immigration Acts that have impacted L classification over the years and citing to relevant legal authorities;
Ownership and Control: discussion addressing meaning of same for non-profit entities, sole proprietorships, joint ventures, partnerships, corporations, limited liability companies, and franchises;
Key Concepts: discussion expanding on the definitions of key terms such as “doing business”, “personnel manager” versus “function manager”, “special knowledge” versus “advanced level of knowledge”, and the “one-year foreign employment requirement”, among others; and
Documentation and Evidence: discussion including samples of “evidence of doing business” and special considerations with respect to attestations for L1A Petitions and evidence related to L1A, L1B, and L1 Blanket Petitions as well as New Office versus Non-New Office Beneficiaries.
Please reach out to us for more information on how the Policy Manual update may impact you.