Triumph Amidst Turbulence: Overcoming Pandemic Challenges, Layoffs, and Corporate Shifts to Secure L-1 Approval

Background

The L-1A visa is a non-immigrant visa category that enables multinational companies to transfer their executives, managers, or specialized knowledge employees from an affiliated foreign office to a branch, subsidiary, or affiliate in the United States. This visa is designed to facilitate the intra-company transfer of key personnel, allowing businesses to expand their operations and maintain managerial control across borders. The L-1A visa offers a great opportunity for international companies to establish or enhance their presence in the United States, while also providing eligible employees with the chance to work and live in the country temporarily.

The Case

A client of ours was applying for their L-1 visa through their money-transferring business operating between the U.S. and the Gambia. It was a small business, and when the pandemic hit, many of its employees were laid off. The business wasn’t bringing in much revenue, and there was a competing business that wanted to take over our client’s business. We were requesting that our client be transferred to the United States in the executive capacity of Managing Direct of the U.S. company. Our client received an RFE regarding the qualifying relationship between the U.S. business and business in Gambia.

The VisaNation team was able to demonstrate that our client held an executive position, pursuant to INA 101(a)(44)(B), which primarily carried out the following:

• Directs the management of the organization or a major component or function of the organization
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision-making;
• Receives only general supervision or direction from higher-level executives, the board of directors or stockholders

In our submission to USCIS, we built a comprehensive case including a support letter from the petitioner, an operating agreement that showed the corporate relationship between the U.S.-based company and the foreign-parent company, letter from the foreign company stating the strategic partnership with the U.S. entity, a business plan + financial projections and much more.

Our team emphasized the fact that there was no specific requirement that our client, the petitioner provide goods and/or service to an unaffiliated third party but rather we established that our client was still “doing business” by carrying out the companies objectives to related companies within the multinational organization.

The Verdict

In order to establish the corporate relationship between the foreign entity and the U.S. company, our firm pointed out that the U.S. company is 51% owned by the foreign company. The source of the U.S. company is the money transfer transactions from the migrant workers who reside and work in the U.S. Our client was a strategist and a leader towards his company, where he was able to ensure that the company was moving towards achieving its goals. 

Another VisaNation Law Group Success Story

This client story showcases the unwavering commitment and diligence our team employs when handling every client’s case. We firmly believe in our ability to assist you in accomplishing your immigration aspirations as well! Get in touch with us today to arrange a consultation with one of our attorneys.