L-1A RFE Success Story
Type: L1-A Extension
Job Title: General Manager
Industry: Rubber (Material Goods)
Employees: 2 employees & 3 contractors
Years in Operation: Newly Established
Problem: Received a Request for Evidence
Mr. Wong was transferred to the U.S. from their China based parent company to
establish the U.S. subsidiary. However, the company only had 2 employees and 3
contractors with very limited office space. The immigration officer requested
further evidence showing that Mr. Wong was performing as a manager and executive
in such a small operation.
Request for Evidence:
1. Immigration Officer stated that the applicant could not be both a manager and
an executive and asked the applicant to only apply for one position.
2. Immigration Officer also requested additional evidence regarding the
employment structure of the corporation to prove that the applicant was
performing as a manager and executive and not involved in day to day operations
of the business.
Key of Success:
First, we were able to prove to the immigration officer that a L1-A
transferee could be both an executive and manager and perform both duties with
previously affirmed case law and successful appeal cases. We showed with
convincing evidence that the applicant was both an executive in establishing the
business and a manager in helping maintain the business operation.
Second, to prove that that our client was performing at a managerial
level we prepared a detailed explanation regarding the management structure of
the company, explained how each personnel in the company contributed to its
success, provided easy to understand flowcharts and power point presentations
that explained how the company worked, and a detailed and well-designed business
plan that justifies the small operation of the business. It was the company’s
burden to show that the applicant was not involved in day to day operations and
how the employees of the company did the majority of the work. To do this our
attorneys interviewed each of the employees, contractors, and managers to have a
full understanding of how their business operated on a day to day bases in order
to present to the immigration officer a clear picture of how the company
operated.
Outcome:
Our client’s L1-A application was accepted and approved within two weeks of the
request for evidence.
