L-1A Visa Sample Cases from our office

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

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. 

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.

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Category: L-1A Visa, RFE

 

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.

L-1A 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.

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Category: L-1A Visa, RFE

 

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. 

L-1A 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.

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Category: L-1A Visa

 

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.

L-1A 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.

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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.

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