An L-1 Survival Kit – Tips and Strategies in Today’s Environment

02:54 05 September in LAC Blog

L-1B Adjudications: Wasn’t the L-1 Created to Encourage Foreign Investment in the United States?

The U.S. government continues to contradict itself when it comes to immigration and foreign investment in the United States. Although there are visa categories available to entrepreneurs, investors and their employees and the federal government is focusing on driving investment in the US to increase job creation; [1] there continues to be security delays, institutional fear of fraud and abuse as well as protectionist tendencies that make it increasingly difficult for foreign companies to operate in the United States.

SelectUSA, a part of the U.S. Department of Commerce, is a government-wide program specifically designed to encourage and facilitate foreign direct investment (FDI) and reshoring in the United States, to create jobs, spur economic growth, and promote U.S. competitiveness. [2] Officials from this program, and its predecessor, Invest in America, have declared, “America is open for business” at events encouraging FDI. Immigration attorneys might ask, “Have you notified USCIS?”

At the same time, the Department of Commerce also is promoting FDI; the U.S. Department of Homeland Security (DHS) is enhancing efforts to detect fraud and abuse [3] and the U.S. Department of State (DOS) is delaying visa issuance for security checks. Although immigration practitioners are generally supportive of security measures and limiting fraud and abuse; the service centers’ increasingly protectionist attitudes are a cause for concern, if not alarm. Instead of protecting U.S. workers’ jobs; U.S. Citizenship and Immigration Services (USCIS) may be encouraging the outsourcing of positions overseas.(4)

Did They Change the Law?

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