This memorandum provides guidance regarding implementation of the provisions of Public Law 111-230 that increase certain H-1B and L-1 petition fees. The additional fee applies to petitioners that employ 50 or more employees in the United States with more than 50% of their employees in the United States in H-1B or L-1A or L-1B nonimmigrant status. Petitioners meeting those criteria must submit the additional fee with an H-1B or L-1 petition filed.
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.
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 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-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 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 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.