L 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.

Category: L-1B Visa, L Visa
Status:

Over the last few years, approvals of L-1B cases have become particularly difficult.  An L-1B (Intra-Company Transfer Visa) petitioner retained us after receiving a Request for Evidence from USCIS requiring additional proof that the beneficiary had specialized knowledge and that the job duties required an individual with unique knowledge of the petitioner’s complex technology.  We provided documentation to show that the beneficiary had skills that could not be obtained in the open market.  We were also able to show that, within the petitioner’s employee pool, the beneficiary was unique and had gained specialized knowledge through training and years of hands-on experience with the technology.  

USCIS agreed with our arguments and approved the petition.

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.
Category: L-1B Visa
Status: L-1B approved.

We were retained to assist with re-filing a complex L-1B petition. The case had various intricate issues regarding the beneficiary's eligibility for L-1B classification. One prominent issue was that the petitioner wanted the beneficiary to operate from the client site instead of the premises of the petitioner. The earlier petition, processed in-house by the employer, was denied by USCIS on the grounds that the petitioner failed to satisfy eligibility criteria for L-1B classification. The employer did not provide appropriate evidence to prove the specialized knowledge of the beneficiary and the employer-employee relationship. The petitioner also failed to provide certain crucial supporting evidence. With the aforementioned background, we took over the case and filed a new L-1B petition. We prepared a complete and detailed petition, addressing each requirement for L-1B classification. Throughout the process, our firm continuously advised and guided the petitioner in preparing, collecting and collating the extensive supporting documentation for the petition: The L-1B petition was timely 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.
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.
Type of Case: L-1A
Category: L-1A Visa
Status: L-1A approved.

We obtained an L-1 for the owner of a company where the USCIS posed an objection that the company had only one employee and a team of consultants. We were able to obtain approval, nonetheless.

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 transfer
Category: L-1A Visa
Status: L-1A transfer approved.

We obtained an L-1 transfer for the president of a company where the company, after one year of operation underwent a structural change impacting the relationship between the company abroad and the company in the U.S. There were some complex issues of ownership and control.  We successfully transferred the beneficiary to a new company that was spun off through the structural change .  

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’s approved

We obtained an L-1A for the director of a consulting company ("think tank") that interprets the impact of political events on financial markets and keeps institutional investors informed on U.S. and world events.

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’s approved

We were able to obtain a series of L-1A approvals despite earlier denials. We showed through substantial evidence that a franchise operation may qualify for L-1 visas.

We were able to obtain a series of L-1A approvals despite earlier denials. We showed through substantial evidence that a franchise operation may qualify for L-1 visas.
USCIS maintained that there can never be any actual ownership and control of the petitioning organization by the foreign related company since it is actually owned by the franchisor in the United States.  We successfully challenged this and received approval.

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’s approved

USCIS denied an L-1A (filed by the corporate counsel) because the buyer was not considered to be an executive/manager.  She was not supervising any personnel.  We were retained to refile the case.  We won the case by showing that though she did not have supervisory responsibility; she was an executive level employee.

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.