In a matter of just nine days, the US authorities approved an L-1 Visa petition for one of our clients. Whilst the client had a strong case, the careful preparation of the application by the D&A team meant there were no Requests for Evidence that are common for L-1 visas.
Requests for Evidence from Visa Applicants
Our client is a Chief Technology Officer of an Indian cargo security and IoT (internet of things) solution development company. We prepared and filed his L-1 Visa application. The L-1 Visa permits the transfer of managers, executives, and specialized knowledge employees to the US office of the same company.
The petitioning US company opted for premium processing which requires an additional payment of $2,500 to USCIS. While premium processing is expected to expedite the process, the US Citizenship & Immigration Services has been issuing Requests for Evidence (RFE) on most L-1 Visa petitions.
Depending on how massive the RFE is, the process could still be delayed for an additional period of 30-60 days even with premium processing. D&A’s strategy has been to anticipate each and every single document that USCIS could potentially request for and prepare the strongest petition possible. With this approach, we minimize the possibility of getting RFEs or eliminate that possibility altogether.
L-1 Visa for Innovation and Tech Companies
The Indian parent company, where the L-1 Visa beneficiary is currently employed, has developed and patented an electro-mechanical locking system which consists of security lock and can be installed inside container vehicles. The subsidiary company in the US was set up to aggressively establish, develop and grow its business in the United States. The L-1 Visa beneficiary will serve as Chief Executive Officer (CEO) of the US company. In the said capacity, he will play a vital and leadership role in the accomplishment of the parent company’s expansion strategy.
The L-1 Visa beneficiary’s comprehensive knowledge of the solutions developed by the Indian parent will enable him to fully direct the US company’s efforts to enhance product insertion among companies throughout the United States. He will be fully responsible for all crucial executive functions, such as the company’s strategic positioning, financial management and sales operations. He will lead the company in developing and implementing strategic plans to achieve overall business objectives. His executive responsibilities will further entail cultivating business relationships with important U.S. clients.
What is an L-1 Visa
The L-1 Visa permits the transfer of an employee to the US office of your company. The L-1A visa targets management-level employees and the L-1B is aimed at employees with “Specialized Knowledge”. As the C.T.O of the firm, this particular L-1 Visa from India client was eligible for the L-1A visa, which is renewable upto a maximum of seven years. The L-1B is renewable upto a maximum of five years.
This client obtained what is known as a “New Office L-1 Visa“. This is where a new US office is established as part of the L-1 Visa process. The majority of L-1 visas are issued to employees of firms who already have established US entities. Yet, applications for New Office L-1 Visas are a growing fast. By setting up a new US entity, it is then possible to move a manager to the US to oversee the establishment and growth of that firm. New Office L-1 Visas are initially granted for upto one year so the USCIS can review progress, but ultimately have the same maximum validity period as any other L-1A or L-1B visa.
*** UPDATE ONE WEEK LATER ****
D&A has once again successfully prepared an L-1A petition for an executive of a foreign affiliate company. The L-1A petition was approved in 10 days without a Request for Evidence. The affiliate company in Greece is a software company which provides fully integrated, end-to-end business solutions, tailored to each customer’s needs and requirements. It specializes in building High Performance Software based on client driven specifications, aiming to act as business enablers rather than as simple IT product developers. The US Company was established to sell the foreign affiliate company’s set of fully integrated, end-to-end software and systems solutions services that will be tailored to each client’s needs and preferences and thus allow clients to achieve better financial returns, new sources of revenue, and reduced costs. The Company will work with clients to both activate data and optimize teams to analytically power their organizations.
The L-1A beneficiary is a seasoned professional recognized in the corporate scenario as an innovator and leader in the software and systems solutions product and services industry in Greece. He has built a top-ranked software and systems solutions company with innovative software products to clients in a variety of industries, such as media, automotive, financial, governmental, real estate, shipping, healthcare, and education.
CONNECT WITH VERDIE ATIENZA Verdie heads up our firm’s L-1 & E2 Visa Practices
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