Blanket L Visa Applications Standard of Review
Effect of New Standard on Employers and Foreign Nationals
Blanket L applications at U.S. consulates have long been subject to a higher legal standard of review than L visa petitions at USCIS. Under previous, longstanding guidelines, blanket L-1 visa applicants were required to demonstrate that their applications are “clearly approvable,” while USCIS petitions are subject to a less stringent “preponderance of the evidence” standard. The State Department’s new guidelines do not alter the clearly approvable standard, but the new and detailed instructions to officers could result in more frequent application denials.
Employers and foreign nationals should be prepared for tougher blanket L visa adjudications under the new guidelines. During the visa interview, applicants should be prepared to describe their work experience, skills and job responsibilities in clear and concise language to minimize the risk of denial.
The Anwari Law Firm continues to monitor Blanket L visa issuance closely and will provide updates as the new guidance is implemented.
Posted in: Immigration
posted on: November 1, 2019