Background
Our client is the head of sales for a wholesale distributor of cell phones, tablets, and other equipment and supplies. The company has a large distribution network across the world, providing electronics to customers in the Caribbean islands, along with Central and South America. With various branches across the world, our client sought out our support to handle the complex L-1A visa application process so they could focus on transferring from Dubai to their branch in the United States.
Uniquely, the beneficiary was the majority owner of the foreign and U.S. based entities, which often invites increased scrutiny.
VisaNation Case Strategy
To satisfy the eligibility requirements for the L-1A visa, our attorneys had to establish the eligibility of both the petitioner and beneficiary. Thus, our attorneys took a two-pronged approach to address the requirements for both parties :
- Demonstrating the relationship between the branches: One of the key requirements of the L-1A is to demonstrate a qualifying relationship between the foreign company and the United States branch. Our attorneys supported the drafting of the cover letter showcasing the existence of all three entities, along with their tax records, articles of incorporation, photos of the office space and warehouse, organizational chart, and evidence of shipments from major corporations.
- Proving the beneficiary’s eligibility: In addition to proving the petitioner’s eligibility to sponsor the L-1A, our attorneys gathered significant evidence to prove the beneficiary’s eligibility as a competent manager. This involved providing a detailed breakdown of the beneficiary’s role in each branch, along with the proposed role for the organization. For example, we provided a percentage breakdown of the role, with task items such as:
- Setting weekly plans to ensure that all sales plans are in place, and to ensure goods are distributed on time
- Develop, direct, and execute all domestic and international sales activities of the company
- Managing strategic business plans, marketing strategies, and client interaction
Verdict
We submitted the I-129 petition and evidence package, which resulted in an approval in four months. The petition enabled our client to carry out their role as the head of sales and support the expansion of their wholesale electronics operations in the United States. Despite the increased scrutiny common to cases of 100% beneficiary ownership, the case did not receive an RFE. Overall, this highlights the importance of seeking qualified counsel to avoid L-1 denials.
