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.”

https://goo.gl/s4Wtdi

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

Tel: 949-667-0976

Email: Info@usils.com

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