USCIS Implements L-1 Visa Reform Act of 2004.
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> USCIS Implements L-1 Visa Reform Act of 2004.
USCIS IMPLEMENTS L-1 VISA REFORM ACT OF 2004
New Provision Changes Aspects of the Temporary Work Program
Washington, D.C.- U.S. Citizenship and Immigration Services (USCIS)
announced today the implementation of new provisions to the L-1 temporary worker
program, commonly known as intracompany transferees. The changes were mandated
by L-1 Visa Reform Act of 2004 which became law last December as part of the
Omnibus Appropriations Act for FY 2005.
The L-1 Visa Reform Act amends previous legislation to address the
“outsourcing” of L-1B temporary workers. An L-1B nonimmigrant is an alien who
has been employed overseas by a firm with an affiliated entity in the U.S., who
comes to the U.S. to perform services for the international entity that involve
specialized knowledge. L-1B temporary workers can no longer work primarily at a
worksite other than that of their petitioning employer if either: (a) the work
is controlled and supervised by a different employer or (b) the offsite
arrangement is essentially one to provide a non-petitioning party with local
labor for hire, rather than a service related to the specialized knowledge of
the petitioning employer.
USCIS will interpret the “control and supervision” provisions of the
new law to require an L-1B petitioning employer to retain ultimate authority
over the worker. The determination as to whether an alien is or will be employed
primarily at a worksite other than that of the petitioner will depend on the
specific facts presented. In addition, the bar will not apply if the
satisfactory performance of such off-site employment duties requires that the
L-1B temporary worker must have specialized or advanced knowledge of the
petitioning employer’s product, service, or other interests, as defined under
current USCIS regulations. General skills or duties that relate to ordinary
business or work activities would not meet the test of whether specialized
knowledge is required for the work.
The “outsourcing” provisions described above apply to all L-1B
petitions filed with USCIS after June 6, 2005, and include extensions and
amendments involving individuals currently in L-1 status.
The Act also requires that all L-1 temporary workers must have
worked for a period of no less than one year outside the United States for an
employer with a qualifying relationship to the petitioning employer. Previously,
participants in the “blanket L-1” program could participate after as little as
six months of qualifying employment. This change applies to petitions for
initial L-1 classification filed with USCIS after June 6, 2005; extensions of
status under the blanket program are not affected by this new provision.
NEW FILING FEES AND FORMS FOR ALL FISCAL YEARS
Petitioners are reminded that the Form I-129 must be filed with:
- The base filing fee of $185.00 plus;
- The new $500.00 Fraud Prevention and Detection Fee as applicable.
[Employers seeking a worker’s initial grant of H-1B or L nonimmigrant
classification and employers seeking to hire an existing H-1B or L worker
currently employed by another employer must pay the $500 Fraud Prevention
and Detection Fee. The $500 fee does not need to be submitted by: 1)
employers who seek to extend a current H-1B or L alien’s status where such
an extension does not involve a change of employers; 2) employers who are
seeking H-1B1, Chile-Singapore Free Trade Act nonimmigrants; or 3)
dependents of H-1B or L principal beneficiaries.]
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