Aug 8 2005

Changes Made to L Status Now in Effect

In December of last year, President Bush signed into law the Omnibus Appropriations Act for 2005 (FY). Part of this Act was the L-1 Visa Reform Act of 2004. This sub-act changed the L-1 classification in two major ways:

1. Aliens are now ineligible for classification as specialized knowledge worker nonimmigrants (L-1B) if the aliens will be stationed primarily at the worksite of an employer other than the petitioner or its affiliate, subsidiary or parent.
2. Aliens are also ineligible for L-1B status if they are either (a) primarily under the control and supervision of an unaffiliated employer or (b) the placement of the worker at a non-affiliated worksite is an arrangement to provide labor for hire for the unaffiliated employer, as opposed to being connected to providing a product or service for which specialized knowledge is required.

These grounds for ineligibility apply to all petitions filed on or after June 6 of this year and apply to petitions for initial applications, amendments or extensions of status.