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HOW TO HIT A MOVING TARGET: L-1 STRATEGIES William Coffman Bennett Savitz Grant Sovern. Proving Specialized Knowledge and Getting 3 rd Party Placements Approved. Specialized Knowledge. Common requirements: Different than industry Uncommon w/in company
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HOW TO HIT A MOVING TARGET: L-1 STRATEGIESWilliam CoffmanBennett SavitzGrant Sovern
Proving Specialized Knowledge and Getting 3rd Party Placements Approved
Specialized Knowledge Common requirements: Different than industry Uncommon w/in company Unusual training (and then 1 year) Experience must be specialized List of duties
Specialized Knowledge Strategies: Identify 2 SK definitions from regs Org chart; ratio of ee’s w/SK Certificate with in-house trainings Relate SK required for each duty Use non-compete agreements
Third party placement Slight difference from H-1B? Control – org charts for offices and client sites Client contract, SOW, or letter Disclosing locations on I-129 Implications for Blanket L petitions
Dealing with Mergers, Acquisitions, and Changes to Employment Conditions
M&A and Changes Preserving L-1 after M&A Successor-in-interest Maintaining corporate eligibility Material changes and amended petitions
M&A and Changes Travel issues after M&A Validity of existing visa Individual vs. Blanket visas When to file an amended petition
M&A and Changes Corporate name change issues Name vs. FEIN Individual vs. Blanket petitions When to file an amended petition
New & Small Offices Issues with L-1A Managers Non-managerial duties L-1B first? Functional Manager issues Helpful evidence (business plan, attestation of financial support, etc.)
New & Small Offices Follow-up during first year Extension after first year is the hard part Request updated company information during the first year Ask for another year only
New & Small Offices Strategies if denied Motion to Reconsider/Appeal Re-file admitting denial and indicating additional evidence now enclosed
Visa Issuance at the Consulates: Blanket L Issues and Readjudications of Approved L-1 Petitions
Consular Issues Blanket L procedures What to expect at the interview Does the name on the I-129S matter? What the Blanket L Visa says and what it can be used for
Consular Issues Blanket L issues How to prove specialized knowledge when they won’t read your letter The relationship between salary and specialized knowledge What’s the deal with Chennai?
Consular Issues Readjudications of approvedL-1 Petitions It stinks!