Background
Our client, Harsh, is the president of an educational consulting firm. He entered the U.S. quite frequently on the B-1 visa for business, but he wanted to open up a new branch of his company in the U.S. to expand operations and better support their clientele. To do that, he needed authorization to oversee and manage the operations of the new office in person.
Case
Harsh owned both the foreign parent company and the U.S.-based branch. The company specializes in advising students, offering standardized test preparation, assisting with university placements, and providing immigration support for international students.
Our team recommended that we proceed with the L-1A visa for Harsh. The L-1A visa allows the transfer of executives and managers from a foreign company to a related U.S. entity, and in this case, it would be an L-1A visa for the president. However, owning 100% of the company does not automatically prove the required relationship between the two entities.
USCIS will examine the legal and operational relationship between the companies, the applicant’s managerial authority, staffing structures, and the business plans of the U.S. office. Our team got to work, and we carefully explained and documented:
- The relationship between the U.S and a foreign entity with ownership agreements.
- A detailed business plan that showed the company’s capitalization, staffing goals, and projected growth within the next 2 years.
- How our client would serve in the executive capacity alongside the CEO to set company policies, make strategic decisions, and lead without direct supervision.
- Evidence like financial records, organizational charts, employment contracts, and even vendor agreements to show that the U.S. office was fully prepared for a launch
Even though Harsh was qualified, you still need to be able to prove that to USCIS. We left no room for doubt and clearly outlined how Harsh’s transfer to the U.S. was essential for the company’s growth and met every requirement for the L-1A visa.
Verdict
USCIS approved the L-1A petition in 17 days! This allowed our client to stay in the U.S. as the President and to lead on expanding their business here in the U.S.
How VisaNation Helped
Given the increased scrutiny of L-1A petitions, especially for new office setups, it’s important to have an expert review your case. Every minor detail matters, and proving the qualifying relationship between two entities is something that we see many DIY L-1A cases lack. Also, AI is not your friend to tell you that you have a strong petition. Meeting with a qualified attorney will rule out any weaknesses in your case.
Speak to one of our attorneys today!
