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Original Date Announced
October 31, 2019The State Department updates guidelines for adjudicating blanket L visa applications, reminding consular officers that blanket L visa applicants must demonstrate eligibility by “clear and convincing evidence" and applications should be denied if eligiblity questions cannot be quickly and easily resolved at interview. [ID #570]
DOS Clarifies Standard of Review for Blanket L Visa ApplicationsCurrent Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCIS Bureau of Consular AffairsPre Trump-Era Policies
- August 9, 2017 Blanket L applications at U.S. consulates have long been subject to a higher legal standard of review than L visa petitions at USCIS. Under longstanding guidelines, blanket L-1 visa applicants must demonstrate that their applications are “clearly approvable,” while USCIS petitions are subject to a less stringent “preponderance of the evidence” standard. The State Department’s new guidelines do not alter the clearly approvable standard, but the new and detailed instructions to officers could result in more frequent application denials. 9 FAM 402.12 - Intracompany Transferees - L Visas