State Department Clarifies Standard of Review for Blanket L Visa Applications
October 31, 2019

At a glance
- In new instructions to consular officers, the State Department reminds officers to require that blanket L visa applicants show their eligibility by “clear and convincing evidence” and directs officers to deny applications where questions about the applicant’s eligibility cannot be resolved quickly.
- Though blanket L visa applications have long been subject to a heightened standard of review, the new State Department guidance to consular officers could result in even greater scrutiny and higher rates of application denials.
The issue
The State Department has updated its guidelines for adjudication of blanket L visa applications, reminding consular officers that blanket L visa applicants must demonstrate their eligibility by “clear and convincing evidence.” According to the updated guidance, officers are directed to deny blanket L applications if questions about the applicant’s eligibility cannot be quickly and easily resolved during the interview.
What this means for employers and foreign nationals
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.
Employers and foreign nationals should be prepared for tougher blanket L visa adjudications under the new guidelines. During the visa interview, applicants should be prepared to describe their work experience, skills and job responsibilities in clear and succinct language to minimize the risk of denial.
Fragomen continues to monitor blanket L visa issuance closely and will provide updates as the new guidance is implemented.
This alert is for informational purposes only. If you have any questions, contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen

Media mentions
Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Podcast
David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Blog post
Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Media mentions
Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Blog post
Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Blog post
Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Blog post
This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Video
Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Blog post
This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Media mentions
Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Blog post
Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Media mentions
Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Media mentions
Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Podcast
David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Blog post
Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Media mentions
Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Blog post
Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Blog post
Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Blog post
This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Video
Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Blog post
This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Media mentions
Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Blog post
Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Media mentions
Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.