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.

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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Type of case: B1/B2 Visa

Applicant sought out our firm after receiving a misrepresentation finding against him at the consulate for visa stamping. We reviewed his file and were unable to ascertain any factual basis for the fraud/misrepresentation finding.  We began directly corresponding with the consulate, and requested information from various government agencies In addition, we consulted with The Office of Visa Services (Visa Office) within the Department of State’s Bureau of Consular Affairs . After about ten months and numerous letters to the consulate, our client’s fraud/misrepresentation finding was removed.

Fraud/Misrepresentation finding removed
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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Type of case: Form I-140 (EB2)

Our client received a request for evidence, questioning its ability to pay all beneficiaries it petitioned for. We reviewed the company’s tax returns and other relevant financials, and demonstrated to USCIS that the unique totality of circumstances of this particular employer warranted approval. We furnished evidence, including information about the company’s background, its activities and ongoing contracts, and commentary, analyzing the entity’s cash flow metrics, in support. The case was approved after three months.  

Form I-140 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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Type of case: Form I-140 (EB1A)

We filed a Form I-140 petition for a professional cricketer in the EB1A category. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. After receiving an RFE questioning the applicant’s eligibility, we responded with documentation evidencing that the applicant has a level of expertise indicating that he is one of that small percentage who have risen to the very top of the field of endeavor. We submitted substantial documentary evidence to show that he qualifies, under several of the explicit and implicit criteria enumerated in the regulations. The petition was subsequently approved.

Form I-140 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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