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State Department clarifies standard of review for blanket L visa applications

  1. Original Date Announced

    October 31, 2019

    The 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 Applications

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS Bureau of Consular Affairs

Pre 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


Trump-Era Policy Documents

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