Attorney Williams writes OpED on EB-5 Program, which was published by the Hill
March 7, 2019
Simone Williams moderated an International Trade and Business panel in Dakar, Senegal
July 4, 2018
Simone to appear on RealTalk with Dr. David Anderson on May 28th!
May 13, 2019
USCIS Clarifies the L-1 One-Year Foreign Employment Requirement
December 4, 2018
On November 15, 2018, USCIS published a policy memorandum clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one (1) continuous year out of the three (3) years before the time of petition filing. The clarification was intended to ensure consistent adjudication of L-1 petitions by providing a standard basis for calculating time for the one-year foreign employment requirement.
Specifically, this PM explains that:
The L-1 beneficiary must be physically outside the United States during the required one continuous year of employment, except for brief trips to the United States for business or pleasure; and
The petitioner and the beneficiary must meet all requirements, including the one year of foreign employment, at the time the petitioner files the initial L-1 petition.
USCIS had not previously provided specific policy guidance with respect to the conditions by which the three-year clock may be stopped for purposes of determining whether the one-year foreign employment requirement for L-1 beneficiaries has been met. The new policy memorandum improves the process for adjudicating the L-1 nonimmigrant benefit by clarifying the calculation guidelines to ensure they are applied consistently to all L-1 petitions.