Employment Contracts Scrutinized in L-1 Petition Cases:
On April 12, 2017, USCIS published a policy memorandum, confirming adoption of the decision by the Administrative Appeals Office in the case of Matter of I- Corp, Adopted Decision 2017-02 (AAO Apr. 12, 2017). USCIS has directed its employees to follow the decision and reasoning of Matter of I- Corp in adjudicating applications. The case, which involved an L-1, Specialized Knowledge Employee, clarifies that USCIS must ensure that salary and benefits offered to a potential employee meet minimum wage requirements under state and federal laws.
“(1) U.S. Citizenship and Immigration Services (USCIS) cannot approve a visa petition that is based on an illegal or otherwise invalid employment agreement.
(2) To prevent a potential conflict with the Fair Labor Standards Act (FLSA), USCIS must ensure that a beneficiary will not be paid a wage that is less than the minimum required wage under state or Federal law, whichever is higher, before approving an employment-based visa petition.”
Our office is available to consult on L-1 as well as other employment related visa petitions.
Law Office of Atoosa Vakili
US Immigration Legal Services
100 Spectrum Center Drive, Suite 900
Irvine, CA 92618