The Known Employer Pilot
On March 3, 2015 a one year Known Employer pilot program was launched in an effort to test a program to streamline certain petitions.
The Known Employer pilot includes the participation of nine employers and focuses on streamlining the following types of employment-based immigrant and non-immigrant petitions:
- E12, outstanding professor or researcher
- E13, multinational executive or manager
- H-1B, specialty occupation worker
- L-1A, intracompany transferee (managers or executives)
- L-1B, intracompany transferee (specialized knowledge)
- TN, Canadian and Mexican professionals under the North American Free Trade Agreement (NAFTA)
As of March 6, 2016, five employers have confirmed participation.
The Known Employer pilot allows participating employers to prove certain legal elements relating to their corporate structure, operation, and financial health required for the above petition types only once, and then omit the evidence related to those legal elements for individual petitions filed thereafter. The pilot is designed to increase efficiency and cut down on Requests for Evidence relating to corporate documentation where the evidence necessary to meet the requirements has already been submitted by the employer with another petition or application.
The process begins with employers creating a profile in the Known Employer Document Library (KEDL), and uploading the corporate documentation required for USCIS to make determinations related to the corporate structure, business practice, and financial viability of an employer. Employers must then electronically file a Form I-950, Application for Predetermination under the Known Employer Program. If USCIS determines that the employer has met the corporate requirements for the petition types listed above, it will approve the predetermination request.
USCIS will then adjudicate the newly submitted petitions by that employer without re-reviewing each petition for corporate structure, business practice, or financial viability.
This pilot is designed to promote consistency, reduce paperwork, streamline adjudication, and support partner agencies. However, it is not clear which employers would be eligible for the program at this time. If the pilot is successful, the Department of Homeland Security will seek to launch a permanent program open to all eligible employers.
Please feel free to contact our firm with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at anindita@USILaw.com. We look forward to the opportunity of working with you as more information is available about this program.