Immigration.com 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
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.
Type of Case: K-1 and K-3 Visas
Category: K-1 Visa, K-3 Visa
Status:

We have obtained several K status approvals including cases where applicant and beneficiary had not actually met.

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: J Visa
Category: J Visa
Status:

We have won several cases on extreme and exceptional hardship grounds in addition to the more routine J-1 waivers.  We have also processed several J-1 changes of MUA location matters for physicians.

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: H-2B Visa
Category: H-2 Visa
Status:

We have won several cases where USCIS objected to the temporariness of the position.

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: H-4 Nunc Pro Tunc
Category: H-4 Visa
Status: H-4 status approved.

Our firm has been successful in numerous H-4 (and H-4 nunc pro tunc) out of status cases (involving unlawful presence leading to a three-year to ten-year bar). Of particular note, one gentleman assumed if his H-1 was renewed, his dependant's H-4s were automatically renewed. Upon learning of the need to file for H-4 renewals, this gentleman consulted various attorneys and even took his case to Court. He was unsuccessful in bringing his dependants back into H-4 status. After nearly four years of having his dependant's out of status, he contacted our firm and we were able to renew the beneficiary's H-1 and bring his derivative beneficiaries back into status within 2 days time. Please do not assume this will happen in every case. But it did in this one.  

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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