How the L-1B Can Work For You (Ⅳ)

Be specific about the nature of the specialized knowledge:

The DHS Inspector General found that L-1B petitions often "contain highly technical language that is not readily comprehensible to an adjudicator." While the report opined that the vague definition of "specialized knowledge" leads USCIS adjudicators to "believe they have little choice but to approve almost all petitions," the reverse may often be the case. If adjudicators cannot understand the specialized knowledge, they are more likely to issue requests for evidence (RFEs) and/or denials of L-1B petitions. Thus, it is imperative to be clear, concise, and specific, in language that is simple but gets the point across about the type of specialized knowledge.

Recognize that the definition of specialized knowledge has two alternatives:

Either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests, and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. Clearly explain how the beneficiary acquired the special knowledge or advanced level of knowledge and document it with proof, such as training certificates, performance evaluations, etc.

Distinguish the beneficiary’s specialized knowledge from the knowledge in the general labor market:

In a 1994, USCIS memorandum, the Acting Executive Associate Commissioner for Operations instructed officers to make a comparative assessment between the beneficiary’s specialized knowledge and the knowledge in the general labor market.

Distinguish the beneficiary’s specialized knowledge from other employees in the petitioner’s workforce:

When the L-1 visa program was created in 1970, the Congressional Record stated that the L-1 category was intended for "ke