The IEEE-USA argues that Congress, in legislation on this issue, was "quite clear that the strict enforcement of a strong 'specialized knowledge' requirement would exclude from the L-1 visa program outsourcing companies whose business models are based on workers acquiring skills, knowledge and contacts in the United States for the purpose of moving American jobs overseas."

The IEEE-USA called for "open and transparent process" and an opportunity to provide input on any proposed guidance or new directives.

The USCIS has previously said that it is reviewing the guidance it gives adjudicators regarding "specialized knowledge" and whether any changes are needed.

The AFL-CIO contends that the L-1 visa "is largely a black box. We do not know how many beneficiaries are currently working in the U.S., where they are working, what their qualifications are, and how much they are earning. We should have answers to these very basic questions and a thoughtful debate before the standard for 'specialized knowledge' is weakened."

While the L-1 debate simmers, the U.S. this week began accepting H-1B visa petitions for the fiscal year starting Oct. 1. There is a cap of 85,000 visas, including 20,000 set aside for advanced degree graduates or U.S. universities.