USCIS Clarifies Eligibility Determinations

September 1, 2022

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.

On August 16, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a policy alert to clarify how the agency determines eligibility for L-1 nonimmigrants seeking classification as managers or executives (L-1A) and specialized knowledge workers (L-1B).

The update does not make changes to existing policy or create new policy. The update consolidates and updates guidance previously included in the Adjudicator’s Field Manual, Chapter 32, as well as related appendices and policy memoranda. E-Verify Updates Initial Enrollment Process

E-Verify notified users via email on August 11, 2022, that it has updated the Initial Enrollment process. The updates include new screens and requirements to ensure consistency with other pages in E‑Verify. As a result, several changes affect users:

  • Anyone enrolling a company in E‑Verify must set up a temporary user account to complete the enrollment process. This person is called the Enrollment Point of Contact (POC). The Enrollment POC is a different role from the POC on the E‑Verify account and can only access E‑Verify to complete a company enrollment.
  • The person identified as the Memorandum of Understanding (MOU) signatory will become the E‑Verify POC. Program Administrators added during enrollment will not become E‑Verify POCs.
  • Corporate Administrators are not required to sign an MOU. As a result, the Corporate Administrator user will be the E‑Verify POC.
  • Only one Corporate Administrator user can be added during the enrollment process.
  • Corporate Administrators who add a new child company location (employer) must add an MOU signatory and at least one Program Administrator for the child company they are enrolling in E‑Verify.