Increasing Rejection Rates For L1A Visas
The L-1A intra-company transferee classification applies to qualified executives and managers within multinational companies. These individuals can be transferred from their foreign employer to work for up to seven years in the United States for an appropriately affiliated U.S. company. Unfortunately, L1A visa petitions have been experiencing an increasingly alarming rejection rate, directly affecting the ability of employers to increase jobs, innovation, and production inside of the United States.
In FY 2012 and 2013, U.S. Citizenship and Immigration Services (USCIS) increased its already historically high rate of denials for L-1 petitions. The Request for Evidence rate for L-1A petitions increased from 4 percent in FY 2004, to 24 percent in FY 2007, up to 51 percent in FY 2011. Denial rates for L-1A petitions increased from 8 percent in FY 2007 to 14 percent in FY 2011. There seems to be no indication of these rejection rates dropping any time soon, and no simple solution exists.
The wait for green cards (permanent residence) can span years or even decades, which means obtaining temporary status is essential for international students, skilled foreign nationals abroad, and others seeking to work legally in the United States. The primary temporary categories for skilled individuals to work in America are H-1B, which are for foreign nationals with the equivalent of a bachelor’s degree or higher working in a specialty occupation, and L-1, which allows an employer to transfer an employee into the United States who has worked at least one year abroad for the employer. The continuing high rate of denials and Requests for Evidence for L-1 petitions has a negative impact on the ability of companies to make products and services in the United States and compete globally.
The ultimate question that remains is if USCIS adjudicators or their supervisors have been attempting to prevent the movement of people in the global economy? If this is the case, it is certainly not their role and the consequences for increasing jobs, investment and innovation on U.S. soil have been suffering because of it.
Even in this difficult time for the L1 Visa Category, Buda Law Group has enjoyed an outstanding approval rate with its L1 applicants. During these pressing times for immigrants trying to move to the United States, the need for attorneys that specialize in L1 Visas is growing, but the supply is greatly limited. Let the team here at Buda Law Group help you with any of your visa needs.
John B. Buda, Esq.
1201 W. Huntington Dr. Suite 209
Arcadia, CA 91007