I am happy to report that the last several L-1A Visa Applications that we have submitted on behalf of clients have been approved by U.S. Citizenship & Immigration Services (USCIS) without a Request for Evidence or other objection or difficulty. This is not a matter of luck or a matter of having gotten the “right” adjudicating officer. We believe that this result is directly related to how we prepare the L-1A Visa Application.
Specifically, as many of you know, the L-1A Visa applies to intracompany executives that are transferred from a foreign country to work in the U.S. with an affiliate or subsidiary of the foreign company. The reason that we have had success in our L-1A Visa applications is because we focus on demonstrating that the person to be transferred to the U.S. is truly an “executive and/or manager” with the foreign company and will be an executive and/or manager with the U.S. company. This involves submitting evidence regarding the job description of the transferee executive and also the academic formation and job descriptions of the subordinate employees of the executive and/or manager, not only with the foreign company but also with the U.S. employer. In order for the transferred executive to be deemed and executive and/or manager by USCIS, that person must generally have several professional and/or managerial employees under his or her responsibility. Furthermore, direct evidence of the transferred employee’s duties and responsibilities must also be shown in the form of correspondence, corporate resolutions, contracts signed, employee evaluations, etc. If this information is submitted, we believe that the visa application will be successful.