Federal Court Criticizes USCIS’s Narrow Interpretation of L-1B Visa Eligibility
February 1, 2015
In a decision with potentially broad applicability to sponsoring employers, the U.S. Court of Appeals for the D.C. Circuit overturned USCIS’s denial of an L-1B visa petition and criticized the agency’s inconsistent adjudication of L-1B specialized knowledge cases. Fragomen Partner Carl Hampe was lead counsel in the appeal.
In Fogo de Chao (Holdings) Inc. v. U.S. Department of Homeland Security, the D.C. Circuit reaffirmed longstanding agency guidance on the concept of specialized knowledge – guidance that, in recent years, had been minimized as USCIS took an increasingly narrow view of eligibility for the L-1B visa category.
The Court forbade USCIS from treating certain types of knowledge as categorically ineligible for treatment as specialized, and directed the agency to give consideration to the economic inconvenience an employer would experience if it were unable to transfer a foreign beneficiary to the United States. It found that a long record of prior L-1B petition approvals could be relevant in current adjudications.
The Court refused to accord deference to the USCIS L-1B regulations, finding that these regulations – and in particular the definition of specialized knowledge – simply restated ambiguous statutory provisions. The opinion also suggested that non-precedential decisions of USCIS’s Administrative Appeals Office may not warrant deference.
What the Decision Means for Employers
The D.C. Circuit’s decision is a hopeful development for L-1B sponsoring employers, who in recent years have seen a surge in petition denials and significant unpredictability in the way USCIS adjudicators interpret the concept of specialized knowledge. It means that adjudicators may not easily disregard an employer’s past history of successful L-1B petition sponsorship or its economic need for specific L-1B beneficiaries. As a result of the decision, denials of L-1B petitions may be more amenable to court challenges.
Fragomen will closely monitor the impact of the D.C. Circuit’s opinion on future L-1B adjudications and USCIS policy. If you have questions about the decision, please contact your designated Fragomen professional.
Explore more at Fragomen
Blog post
Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse
Awards
China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.
Awards
Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Awards
Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.
Blog post
In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.
Media mentions
Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.
Fragomen news
Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.
Blog post
Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse
Awards
China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.
Awards
Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Awards
Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.
Blog post
In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.
Media mentions
Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.
Fragomen news
Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.