The DHS' Office of Inspector General (OIG) recently released a report about the implementation of the L-1 program. The report focused on the implementation of the L-1B specialized knowledge program. As part of its investigation, the OIG interviewed USCIS officers and managers, DOS consular officials at the DOS posts in India, and Customs and Border Protection (CBP) officers. Some of the highlights from the report are as follows:
- The USCIS currently has a policy memorandum under review which will provide more guidance to USCIS and CBP officers about the interpretation of the L-1B specialized knowledge category. This memo was developed in conjunction with the DOS consular officials in India. The USCIS may also consider issuing precedential decisions from its Administrative Appeals Office (AAO) to further clarify the category.
- The USCIS Fraud Detection and National Security ("FDNS") will expand and begin conducting post-adjudication L-1 compliance site visits during the first quarter of fiscal year 2014 (which commences on October 1, 2013). Similar to the H-1B compliance program, FDNS officers will visit L-1 companies to verify that the information provided in the L-1 process was accurate. If an FDNS officer determines that accurate information was not provided to the USCIS with the initial adjudication, the USCIS may issue a Notice of Intent to Revoke (NOIR) the petition.
- CBP officers will be reviewing information contained in the USCIS VIBE system as part of its adjudication of L-1 applications on the U.S. northern border.
- The USCIS will include additional guidance in its policy memorandum about the proper implementation of the L-1 Visa Reform Act "Anti-Job-Shop" provisions. The USCIS indicated that it may also release AAO precedential decisions further implementing this provision.