The cable acknowledged that inconsistent standards are being used in the processing of L visas. The cable also acknowledged the undefined nature of the term “specialized knowledge” which is not defined by law. The cable attempts to set out criteria to establish specialized knowledge. The criteria includes:
- Proprietary nature of the knowledge — includes “special knowledge of the company product and its application in international markets,†“advanced level of knowledge of processes and procedures of the company,†or knowledge that “would be difficult to impart to another without significant economic inconvenience.†This knowledge can be acquired through on-the-job training.
- “Key†personnel
- “More than ordinary†the employee has more skills or knowledge than the ordinary employee. This does not require an “extraordinary†level of skills, merely more than that of the ordinary employee in the company or the field. This could involve knowledge of special company projects or greater than normal experience and/or knowledge of software techniques.
- Employer Control — the employee must be under the supervision of petitioning companies and not the supervision of an unrelated organization
The cable also criticizes job shops or ensuring adequate relationships between the foreign and U.S. companies. The position must not be a placement for purposes of providing labor for hire to an unaffiliated employer. The cable places special emphasis on the issue of control for employees working off site.
