The Elephant in the Room

Discrimination in Immigration!  You’re are kidding, right?

I have been reading about double digit denial rates for L1B visa applications from India.  The denial rate for L1B ‘specialized knowledge’ workers out of India is 56% while for Mexico and China it is 22% and 21%.  L1B visas are issued for intracompany transfers from an affiliate or branch to the US Company.  ‘Specialized Knowledge’ requires a worker to have specialized skills about his company’s product. For an Indian applicant who is usually a software engineer that seems to be an insurmountable hurdle for more than half the applicants!   The current standard of adjudication has been drifting upwards.  Now a company needs a ‘star’ employee with astronomical specialized knowledge to be approved.

Many top Fortune 500 companies outsource their technology needs to other companies.  These other companies have operations which run in a 24 hour cycle.  While the US sleeps the work is carried on in China and India.  Now the company wants to bring some of its overseas employees from China and India for some face to face time to promote synergy between the overseas team and the US team, run a ‘SCRUM’ operation, and improve US business profits.  These workers have specialized knowledge of the company customized software built on a platform that is universally available in the US, but these employees are not ‘stars’. The same application has a 50% chance of denial by either USCIS or the US consulate in India and a 21% chance of denial for China.  The only losers are US businesses!

What can we do?

  • File applications for employees who are more senior in the company and have more specialized knowledge about the company’s process, technology or other matter.
  • Document, document, document! the application with every training at every international branch, leadership position in the company, and knowledge based expertize.
  • Then Pray!

Nalini S Mahadevan Esq

nsm@mlolaw.us

314 374 8784

Not meant as legal advice!

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