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.
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 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.
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 .
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.
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.
Israeli investors will soon be able to apply for the E-2 visa, which allows holders to live and work in the U.S. for an extended period of time while overseeing a major investment in the United States. Legislation to allow Israelis to apply for these visas was approved in Congress in May 31 and signed by the President this month. The legislation requires that similarly situated United States nationals must be eligible for similar nonimmigrant status in Israel. Therefore, visa applications will be accepted once Israel confirms that it will issue similar visas to U.S. citizens.
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
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The U.S. State Department is launching a pilot program to pre-screen E-1/E-2 visa applicants at consular posts in Canada. Kentucky Consular Center officials will contact the E-1/E-2 applicant's U.S. employer to verify information about the application, including the legitimacy of the company and the investment. This prescreening aims to assist consular officers to focus on the individual applicant's qualifications. The State Department hopes to implement the pilot around the world at consular posts that process E visa applications.
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