US Immigration Pathway

Obtaining an L-1 Visa Despite President Trump’s Ban

The L-1 Visa allows for the transfer of qualifying staff to the existing or newly established U.S. office of the same company.


By Verdie Atienza, Senior Attorney in Charge of L-1 & E2 Visa Practice

A prospective L-1A beneficiary from India approached our firm sometime in June 2020 to seek assistance in filing an L-1A petition for him. During that time, Former President Donald Trump had already imposed a ban on the issuance of the L-1A visa until December 31, 2020.

The client was a General Manager of a manufacturing and exports company in India which exports exports fully machined sand casts / die casts and other sheet metal pressed components made of aluminum alloys, zinc alloys, copper alloys, stainless steel, mild steel, and cast iron.

Our firm advised the client that despite the ban, USCIS continues to accept  and process L-1A petitions. We suggested that it was a good time to take advantage of the period of time to prepare the L-1A petition so that he would have an approval of the petition by the time the ban lapses. The client was fully informed that there was a risk for the ban to be extended beyond December 31, 2020. The client decided to move forward with the L-1A process as per the firm’s advice.

In the L-1A petition that D&A prepared, the US company requested that the beneficiary be transferred as a Senior Strategic Project Manager. The US company was established as a product distributor, but it has grown to become a value-added manufacturer in North America, with expanding supply chain in China and India.

We explained in detail that the L-1A beneficiary’s role at the US company will involve incorporating management of essentially all substantive areas, functions, and processes. The petition also outlined how  he will also serve as the ultimate director and manager of the lJ .S. employees constituting the Strategic Project Management Team.

The L-1A petition was approved without RFE and the L-1A beneficiary immediately applied  for the visa in India. Despite the fact that the ban was extended to March 3, 2021, the client, with D&A’s guidance, was able to schedule a visa appointment and obtain the L-1A visa in the midst of a pandemic where lockdowns, travel and quarantine restrictions are in place.

D&A was able to successfully explain that the applicant is a a senior-level manager  who has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization and that he will fill a critical business need for the employer meeting a critical infrastructure need in a designated industry.

Benefits of L-1 Visa

  • Set up and grow a new U.S. office
  • Can be used for managers & executives (L-1A) or employees with specialized knowledge (L-1B)
  • Take spouse and dependent children with you
  • Spouses can apply for work authorization in U.S.
  • No annual caps or quotas based upon country of origin
  • “Dual Intent” – you can pursue lawful permanent residency status during your stay in America

Watch our Video on the L-1 Visa

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