L-1A Visa Sample Cases

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.
Type of Case: L-1A Extension
Category: L-1A Visa, RFE
Status: Our legal argument combined with the significant volume of corroborating evidence proved successful.

 

We filed an L-1A for a managerial level employee seeking a second two year extension of the beneficiary’s classification as a nonimmigrant intracompany transferee (L-1A) to enable the beneficiary to continue in his position as Director-Product Engineering, a position he had held since the approval of the initial petition. Subsequent to filing the petition we received a Request for Evidence (RFE). We responded and the petition was then approved. The RFE requested additional information regarding the beneficiary’s qualifications, the managerial position abroad (to prove he had at least one continuous year, within the three years prior to his application for admission to the U.S., of full time employment with a qualifying foreign organization (which was the case, as the U.S, company was a 100% subsidiary of the foreign company)), and the proposed managerial position in the U.S. In the response to the RFE we provided extensive narratives and corroborating documents explaining further and beyond what was submitted with the initial L-1A filing. In addition to a response letter we provided extensive corroborating evidence as exhibits that included letters from authorized representatives of both companies that very comprehensively addressed the concerns and which themselves included exhibits. The hurdle here was proving that a second extension was warranted from a legal and factual standpoint.  Our legal argument combined with the significant volume of corroborating evidence proved successful. 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: L-1A Visa, RFE
Status: L-1A Approved

 

We filed an L-1A for a managerial level employee (intracompany transferee) The U.S. company was seeking to employ the beneficiary as Manager - Business Finance. Subsequent to filing the petition we received a Request for Evidence (RFE). We responded and the petition was then approved. One of the challenges in this case included establishing that the foreign entity and the U.S. had a “qualifying relationship” as there was a complex multinational organizational structure that included several subsidiary relationships. Other challenges were proving that the positions in both countries were high senior level functional managerial positions, not routine operational activities, and that they were managed, not performed, by the beneficiary. The positions also had team management responsibilities, requiring the sometimes difficult delineation as to whether each specific job duty fell under personnel (team management) or functional management. The Response to the RFE included further information about ownership and control of the companies and a significant amount of additional detail about the beneficiary’s managerial positions and those of his subordinates and their relationships within the hierarchy of the companies.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: L-1A Visa, RFE
Status: L-1A approved

 

We filed an L-1A for an executive/managerial level employee (intracompany transferee). The U.S. company was seeking to employ the beneficiary as a senior vice president. Subsequent to filing the petition we received a Request for Evidence (RFE). We responded and the petition was then approved. One of the challenges in this case included establishing that the foreign entity and the U.S. had a “qualifying relationship” where there is a complex multinational organizational structure that includes several subsidiary relationships. Other challenges were proving that the position in both the U.S. and abroad was both executive and managerial. Our Response to the RFE included further information about ownership and control of the companies and a significant amount of additional detail about the executive/managerial positions abroad and in the U.S. Among other factual and legal submissions, detailed and corroborating information was provided regarding the positions included: narratives with very specific descriptions of beneficiary’s and direct reportees’ job duties, letters from company executives corroborating this information, quarterly reports with salary levels (redacted for privacy), charts showing beneficiary’s detailed job description and the percentage of time spent (and to be spent) on each duty. 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: L-1A Visa
Status: L-1A approved

 

We filed an L-1A for an executive or managerial level employee (intracompany transferee). The U.S. company was seeking to employ the beneficiary as president. There were several legal issues, potential and manifest, including: how to prove the job is managerial or executive when the US operation is a fledgling business; can a majority stockholder be also an employee? What to do when the reporting structure in the foreign corporation is relatively informal?  We were able to anticipate these issues prior to filing, through consultation with our clients, and overcome them with our response to the government. Among other factual and legal submissions, detailed information with supporting documentation was provided about the beneficiary’s direct reportees in both entities, including job title and description, education, experience, and salary. We also provided information about how the beneficiary is and will be  relieved from performing non-executive tasks. Detailed organizational charts for both companies were also provided. The petition was subsequently approved.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Computer and IT Professionals, L-1 Visa, L-1A Visa, L Visa
Status:

We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S. and foreign entity that included a share certificate, an organizational chart to show the relationship and owner interest as well as a Master Services Agreement that outlined the working relationship between the two entities. In response to the RFE, we submitted the Articles of Incorporation which indicated the share owner interest as well as the stock transfer ledger. In response to Service’s question regarding employment abroad for one full year, we re-submitted the pay vouchers for the full year as well as a letter from a representative from the foreign entity confirming the beneficiary’s employment for the relevant period of time.  We addressed the question regarding the managerial role in the U.S. by supplying the full names, job titles, job duties description, educational level and salary amount for each subordinate as well as a detailed organizational chart showing the hierarchy, a very detailed job duties chart outlining each managerial task and the percentage of time allotted to each task as well as a day-to-day breakdown of a typical day for the beneficiary in his role as a Computer and Information System Manager.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: L-1 Visa, L-1A Visa, L Visa
Status:

We won a case for an applicant who primarily served as a function manager, but also managed a few professionals. We provided extensive details regarding the job duties of the beneficiary for both the foreign entity position as well as the proposed US position. We outlined the proposed duties in detail and assigned a percentage to each task indicating how much time was allotted to complete the task. We also provided the names, titles and job duty descriptions of staff members that would relieve the beneficiary of non-managerial tasks. The beneficiary was an integral part of the U.S. operations and worked closely with the Petitioner’s CIO and CEO. We were able to show that the applicant had discretionary managerial decision making authority that significantly impacted the U.S. operations.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: L-1A Visa
Status: L-1A approved for functional manager

An L-1A visa can be obtained for an international manager or executive who manages other professionals or who manages an important function of the organization (“functional manager”).  Historically, it has been difficult to obtain L-1A for functional managers.  USCIS is more esily convinced where professional employees are being managed.

We had a case for a Sales Manager from India being relocated by his European HQ to work in the USA.  The company is several-thousand employee strong internationally, but has a low head count in the USA.  USCIS sent an RFE that showed they were not convinced that the position was high enough in the hierarchy or managerial enough to be qualified as a manager or an executive under the L-A status.  We responded with detailed explanation and evidence of the importance of the position, and that USCIS had neglected to consider that the position clearly qualified as a functional manager.   USCIS approved the case.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: L-1A Visa
Status: L-1A Petition and Visa Approved

We have received approval of both an L-1A petition and L-1A visa stamping for a managerial employee of a small business from India.  The business in India consists of five employees and is completely different from the business they are starting in the USA.  Normally, small businesses present much difficulty for L-1A approvals – the key issue being why does a small business need an employee at the level of an executive or manager.  Nevertheless, we were able to demonstrate to the satisfaction of both USCIS and the Consulate that this is a genuine business venture.

Intrested business people may want to view the information on this page: http://www.immigration.com/visa/l-visa/l-visa-overview

And these Videos on our YouTube channel: Doing Business in The USA

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: L-1A Visa
Status:

 
We were retained to represent a client whose L-1A was denied because USCIS was not convinced that the job qualified as a “Managerial Level” position for the client’s small restaurant business that had 8-10 employees. The Beneficiary was out of status and has already started accruing unlawful presence. We reviewed the paperwork submitted by the previous attorney and suggested that the client file a Motion to Reopen on the basis of certain defects. We also filed a new L-1A extension petition. We argued very that the size of the business is not the exclusive factor in determining managerial capacity and Beneficiary can qualify for L-1A as a “Functional Manager” even if he is not supervising any employee. Initially we received an RFE, which we responded to empathically, citing several decided cases and regulations and reasoning that the size of business and number of employees supervised are not exclusive factors in determining “managerial capacity.” USCIS accepted our arguments and approved the L-1A petition, but without an I-94.
L-1A without an I-94 would not have put Beneficiary in lawful status. The major challenge we were facing was that this beneficiary could be potentially subject to a bar from reentering USA. We advised the client not to travel abroad and to fight in US for grant of an I-94. We recommended filing another L-1A petition specifically requesting USCIS to approve L-1A with an I-94.  We filed the L-1A amended petition with nunc pro tunc request for amendment of stay. We cited business necessity and implications if Beneficiary is not allowed to reenter. This time USCIS accepted our nunc pro tunc request and issued L-1A with a backdated I-94, excusing the entire unlawful presence and out of status period.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Type of Case: L-1A
Category: L-1A Visa
Status: L-1A approved.

We obtained a start up L-1 for the president and owner of a company opening a chain of grocery stores. Though the foreign related company had an unrelated business, our firm was able to justify why the beneficiary needed to be transferred to the U.S. to start up the new, unrelated business.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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