Background
Our client, Elias, is a national from Sweden seeking to continue his role as VP of Business Development in the U.S. branch for a temporary three-year period. Previously, he worked in the U.S. several years ago, establishing the U.S. operations for the company, and ended up getting promoted to an executive position. The company specializes in electric vehicle solutions and is committed to providing sustainable transportation options that reduce carbon emissions and minimize pollution in the U.S. In this new role, Elias will lead key business development initiatives, sales, relationship management, recruitment, service delivery, and financial management in the U.S. Moreover, we included his wife and three children in the petition.
VisaNation Case Strategy
The main issue at hand was whether Elias qualified for an L-1A visa, designated for individuals in managerial or executive roles within multinational companies. To be eligible for an L-1A visa, an applicant must have at least one of the specific criteria:
- Direct the management of the organization/major component of the organization
- Establish the goals and policies of the organization
- Exercise wide latitude in discretionary decision making
- Receive only direction from a higher-level executive.
We demonstrated that Elias not only met these qualifications but exceeded them. Specifically, we highlighted his significant contributions to the company’s growth and strategic direction. His leadership in developing the company’s electric vehicle infrastructure highlighted his role in addressing climate change in the U.S. Notably, the company’s under-road units, management units, vehicle units, and central control units all focus on transferring energy from the electric grid to road infrastructure, similar to initiatives in countries near Sweden.
Furthermore, establishing that the company is actively doing business is a key criterion for the L-1A visa, particularly in the executive capacity. This means the continuous provision of goods and/or services by an entity and does not include the mere presence of an office. We demonstrated that our client was doing business by continuously providing goods and services to related entities, which was essential in proving the company’s active operations in the U.S. Elias had many accomplishments, and we highlighted them as supporting evidence in the petition.
We included:
- Financial documents demonstrating revenue generation
- Bylaws Office service agreements
- Detailed financial accounts
- Media mentions
- Registration information from the parent company in Sweden, Memorandums between executives at various locations
- Previous approvals and other accomplishments
We outlined Elias’s specific responsibilities in his new role, detailing the percentage of his time allocated to each task. This helped establish that he would be fulfilling an executive role consistent with the L-1A requirements, ultimately securing an L-1A executive visa to facilitate his relocation.
Verdict
Within one month of filing Elias’s L-1A petition, USCIS approved it. We proved how our client met all the criteria for an L-1A visa based on his role as an executive overseeing significant business development initiatives, and his contributions to the U.S. company’s expansion in the electric vehicle industry. His wife and children’s petitions were shortly approved after, allowing them all to join Elias in the U.S. for the next three years.
