Vaccine Requirement for US Travel

MESSAGE FROM A SATISFIED E-2 CLIENT

“I am writing to express my sincere gratitude for all the hard work and dedication you put into our E2 visa application process. We received our visa today, and we are overjoyed with the outcome. Throughout the entire process, your professionalism, expertise, and guidance were invaluable. You kept us informed of the progress of our application, answered all the questions promptly, and made the entire process as smooth as possible. I appreciate your attention to detail, your willingness to listen, and your commitment to ensuring that my application was successful. Without your guidance

and support, I would not have been able to achieve this result. Once again, thank you so much for all your efforts. I am truly grateful for your help, and I will certainly recommend your firm to anyone seeking legal assistance in the future.”


Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and  L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


Specialized knowledge

Guidance on L-1B “Specialized Knowledge” Standard

U.S. Citizenship and Immigration Services’ (USCIS) Policy Memo of March 2015 (“Memo”) clarifies the L-1B visa “specialized knowledge” standard, providing an authoritative and consolidated guidance on the L-1 visa program.

“Specialized knowledge” under Statutory Laws and Regulations

Under the Immigration and Nationality Act (INA 214(c)(2)(B)), an employee possesses specialized knowledge if he or she has: (1) a “special” knowledge of the company product and its application in international markets; or (2) an “advanced” level of knowledge of the processes and procedures of the company. The corresponding Code of Federal Regulations (8 CFR 214.2(l)(1)(ii)(D)) similarly defines specialized knowledge in terms of “special” or “advanced” knowledge: [S]pecial 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.

Statistically, most challenges in L-1B adjudications have centered around the “specialized knowledge” definition and how USCIS interprets and applies it, resulting in inconsistencies in adjudications and sometimes, high rates of denials. As reported by Forbes, over the past 7 years, across parts of three presidential administrations, the USCIS denial rate for L-1B petitions has averaged a very high 28.2%, according to a National Foundation for American Policy (NFAP) analysis of government data.

The Memo attempts to clear the air surrounding the interpretation of “specialized knowledge” by giving guidance on what it takes to demonstrate specialized knowledge.

Key Points of the Memo

“Specialized Knowledge” Definition

The Memo provides that an individual seeking L-1B classification should have:

(i) Special knowledge which is knowledge of the petitioning employer’s product, service, research, equipment, techniques, management, or other interests and its applications in international markets that is distinct or uncommon in comparison to that generally found in the particular industry or within the petitioning employer; or (ii) advanced knowledge, which is knowledge or expertise in the organization’s specific processes and procedures that is not commonly found in the relevant industry and is greatly developed or further along in progress, complexity and understanding than that generally found within the employer.

Application of the “Specialized Knowledge” Standard

The Memo elaborately describes how adjudicators should determine whether an individual possesses “special” or “advanced” knowledge in a given case. It explains that such evaluation inherently requires a comparison of the beneficiary’s knowledge against that of others. The petitioner is required to demonstrate that that the beneficiary’s knowledge is not commonly held throughout the particular industry. For knowledge to be considered specialized, it need not be proprietary in nature or narrowly held within the petitioning organization. Furthermore, an L-1B employee does not require to have BOTH advanced and specialized knowledge to qualify for the classification.

In determining whether knowledge is advanced or special, essentially the same factors and criteria outlined in the Memo apply. The key distinction is whether the knowledge refers to the particular company’s product, service, research, equipment, techniques, management or other interests and its application to international markets or uncommon knowledge of the company’s processes and procedures.

The Memo outlines a list of non- exhaustive factors that USCIS may consider while determining whether knowledge is specialized, which include:

  • Whether the beneficiary possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization’s U.S. operations.
  • Whether the beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the employer’s productivity, competitiveness, image, or financial position.
  • Whether the beneficiary’s claimed specialized knowledge normally can be gained only through prior experience with the petitioning organization.
  • Whether the beneficiary possesses knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education).
  • Whether the beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the firm.
  • Whether the beneficiary possesses knowledge that is particularly beneficial to the employer’s competitiveness in the marketplace.

USCIS also highlights the following points related to “specialized knowledge” when adjudicating L-1B petitions: (i) Specialized knowledge cannot be easily imparted to other individuals; (ii) Specialized knowledge need not be proprietary or unique to the petitioning organization; (iii) L-1B classification does not involve a test of the U.S. labor market; (iv) specialized knowledge need not be narrowly held within the petitioning company; (v) employees need not occupy managerial or similar positions or command higher compensation compared to their peers; and (vi) eligibility for another non-immigrant classification is not a bar to eligibility for L-1B classification

“Preponderance of the Evidence” Standard

The Memo confirms that the petitioning company must establish by a preponderance of the evidence that the company meets each eligibility requirement of the L-1B visa category. It directs officers not to apply higher standards of review such as “beyond a reasonable doubt” or

by “clear and convincing evidence.” Instead, an L-1B petitioner will have satisfied the standard of proof if the evidence submitted leads to the conclusion that the claim is “more likely than not” or “probably” true.


This article has been written by Zeenat Phophalia, Esq. Of Counsel, Davies & Associates, India Office.

Zeenat Phophalia is qualified to practice law in New York, United Kingdom and India. She practices in the area of U.S. immigration law with a focus on business immigration, and has represented corporate clients including large and medium sized companies and startups across sectors such as IT, consulting, consumer goods, manufacturing and telecommunications.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.


Italian National - US Immigration E2 visa, L1 Visa

E2 TREATY INVESTOR VISA FOR AN ITALIAN NATIONAL

Italians are eligible to get a 5-year E-2 Treaty Investor visa which would allow them to be in the U.S. to develop and direct their E-2 company. For every entry on a valid E-2 visa, one can get a period of authorized stay of 2 years. E-2 visa applications are filed directly with the Embassies and Consulates unlike other visa categories, which require prior approval of a petition by USCIS. For a period of time after COVID, applicants had to wait for up to a year to get an appointment for the interview. Now, it appears that they are slowly getting back to normal. For our most recent client, the wait time was around 3 months only from the time of submission of the application.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


Extension of L2 status for the spouse and child of an L1 Executive

Did you know that USCIS used to extend courtesy premium processing for the extension of status applications of dependents and applications for Employment Authorization Document concurrently filed with Form I-129? During the Trump administration, USCIS stopped extending courtesy premium processing for the applications of the dependents and this resulted in lengthy processing delays. Since January 25, 2023, USCIS resumed its practice of adjudicating L-2 applications for requests to extend status at the same time as the principal’s Form I-129 petition. This is based on a settlement agreement in Edakunni v. Mayorkas, a case pending in federal district court in Washington State. The change will be in effect for two years after the date of the settlement.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


E2 Visa Romanian Citizen

Are E-2 Dependents (Spouse and Children below 21 years old) required to be nationals of a treaty country?

Did you know that the dependent spouse and children of an E-2 Treaty Investor do not need to have the same nationality. The spouse and children qualify for E-2 derivative visas even are citizens of a country with no E treaty with the U.S. While our client is a Romanian citizen, she and her family resides in Italy. Due to the longer wait times in Rome, we advised our client to file their E2 applications at the US Embassy in Bucharest, Romania.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


US E2 investor visa Slovenian Citizen

CHANGING STATUS – F-1 TO E-2

E2 Treaty Investor Visa Application of a Slovenian Citizen Approved Our client from Slovenia was on F-1 status and came to us during his OPT period. He sought our assistance in applying to change status from F-1 to E-2 Treaty Investor. Our client made a substantial investment in his own consulting company as well as in a cookie store franchise. His change of status application was approved and USCIS gave him a 2-year period of authorized stay on E-2 status. Prior to the expiration of the two-year period, he had to go back to Slovenia to visit family. We assisted him in applying for the visa at the U.S. Embassy in Ljubljana in Slovenia. It should be noted that Embassies and Consulates are not bound by the decision of USCIS. An approval of a change of status application to E-2 does not guarantee the issuance of the E-2 visa and the E2 visa application will be treated as a new application.

 

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visa Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 


US Visa application - Immigration lawyer

E-2 TREATY INVESTOR VISA RENEWAL FOR ANOTHER 4 YEARS FOR AN AUSTRALIAN CITIZEN AND E-2 DERIVATIVE VISAS FOR HIS SPOUSE AND CHILD

Did you know that the validity of an E-2 visa depends on a reciprocity schedule? For most E-2 Treaty Countries, the visa validity is 5 years. For Australians, it is 4 years.

For countries like Egypt, Jordan and Bangladesh, the reciprocity schedule only provides for an E-2 visa validity of 3 months. Even if the visa validity is only three months, the E-2 Treaty Investor and family will still get a period of authorized stay of two years.

For every entry on a valid E-2 visa, an E-2 visa holder gets a full two year period of authorized stay in the U.S.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 


D&A at Vietnam expo April 2023

EB-5 & Global Immigration Expo in Vietnam: Insights on Expedited Options for Investors and Developers

EB5 Investors Magazine and Uglobal Immigration Magazine held an in-person EB-5 & Global Immigration Expo in Ho Chi Minh City, Vietnam, on April 4th and 5th. The event brought together migration agencies, immigration attorneys, global service providers, regional centers, project developers, and investors from all over the world to discuss the United States EB-5 Immigrant Investor program as well as a variety of global residency and citizenship programs.

Concurrent filing, adjudication trends, the E-2 road, and smart project selection are some of the expedited choices available to investors and developers.

Davies & Associates, an international immigration law practice, was one of the event’s sponsors. The firm’s founder and managing partner, Mark Davies, hosted a panel discussion on expedited options for investors and developers, concurrent filing, adjudication trends, the E2 road, and wise project selection. Alvin Wong of Manhattan Regional Center and Niral Patel of KLD LLP were among the panelists.

In addition to the panel discussion, Davies & Associates presented a business presentation with Zeenat Phophalia, an L1 lawyer from India, Matteo Tisato, an Italian Senior Immigration Analyst, Mark Agbuya, a Regional Operations Manager, Eric Dela Cruz, a corporate lawyer both from the Philippines, and Simon Nguyen, a lawyer and business development executive from Vietnam. The presentation highlighted Vietnam as one of the world’s major EB-5 markets, with the fastest growth rate of HNWIs.

The event provided an excellent opportunity for high-net-worth individuals, international migration agents, regional centers, project developers, immigration and securities attorneys, broker-dealers, and many other industries service providers to connect with EB5 and global industry influencers and expand their global business networks. Attendees were also able to learn from interactive educational panels and present their businesses to a large group of EB5 and worldwide stakeholders.

Vietnam’s GDP is predicted to rise to 5.5% in 2022, while the country’s UHNWI population increased by 320% between 2000 and 2016. As a result, Vietnam is the world’s second-largest EB-5 market, and the number of HNWIs in Vietnam is quickly increasing, with growth predicted to reach 170% by 2026, the highest pace in the world.

In conclusion, the EB-5 & Global Immigration Expo in Ho Chi Minh City, Vietnam, provided a valuable chance for industry participants to network, gain expertise, and present their firms to a global audience. Davies & Associates‘ involvement in the event demonstrates the firm’s dedication to meeting the global immigration needs of its clients while remaining at the forefront of the ever-changing RCBI market.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

This article has been written by Mark Agbuya, Operations Manager at Davies & Associates, Manila Office.