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U.S. Chamber Comments on USCIS’ Proposed Guidance on L-1B Classification for Intracompany Transfers
WASHINGTON, D.C.— U.S. Chamber of Commerce Senior Vice President of Labor, Immigration, and Employee Benefits Randel K. Johnson issued the following statement today on the new proposed guidance from U.S. Citizenship and Immigration Services (USCIS) to bring consistency to the L-1B classification for intracompany transfers:
“Developing updated guidance for L-1B specialized knowledge adjudications has been on the agency’s agenda for more than three years, and the Chamber has long thought that such clarification is sensible. In a 21st century economy intracompany transfers are an inherent part of promoting job growth and innovation here in the United States.
“For more than forty years, a cornerstone of business operations for those that do business both in the United States and abroad has been the ability to transfer managers, executives, and specialized knowledge personnel across national boundaries in order to harmonize operations, expand markets, service clients, and share knowledge. However, it has become increasingly difficult for companies to procure visas to transfer their existing specialized knowledge employees to the United States to continue work on products, services, and projects.
“We are particularly pleased to see the guidance proposal reiterate that the burden of proof is the preponderance of the evidence standard and that the agency must give deference to its prior decisions. The Chamber will look carefully at the proposal before participating in the public feedback process, and looks forward to a final policy memorandum regarding the L-1B classification for specialized knowledge employees that, if implemented properly, would bring much needed modernization along with consistency in decision-making.”
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