SUCCESSFUL L-1A CASE

  • Industry: Distributor of Nutritional Ingredients
  • Business: Import & Export
  • Nationality: Chinese
  • Position: President and CEO
  • Year Incorporated: 2013
  • Number of Employees: 6 + 1 part-time (including beneficiary and beneficiary’s spouse)
  • Number of Dependents: 2
  • Challenges: -
    • Low number of employees
    • L2 dependent spouse
    • Chinese company name change
    • Employee lawsuits
    • Not as much growth as expected

Mr. Wong* filed for an extension of his original L-1A status as an intracompany transferee executive or manager. He previously served in his capacity as President and CEO of the subsidiary of a well established Chinese nutritional ingredients distributor, and wished to continue his service in said capacity.

Keys to Success

Initially, we believed that it would be extremely difficult to prove Mr. Wong’s managerial or executive capacity seeing as the company only had a total number of 6 employees; when a company has less than 10 employees, it is cause for concern. On top of this, one of these employees only worked part time, and they all had relatively low salaries. Mr. Wong's spouse working as an L2 dependent along with his large family seeking to immigrate as well further complicated matters. However, by carefully detailing every employee’s job duties and percentage of time allocated to certain tasks, we were able to demonstrate that Mr. Wong’s subordinate employees were sufficient to take care of the day-by-day operations of the import-export company, of which not many employees are usually required, so he wouldn’t have to deviate from his normal managerial duties. We demonstrated that Mr. Wong’s duties were focused purely on executive and managerial functions by helping him in collecting and documenting his employment assignment letter, work reports, organizational chart, and company business plan. We essentially set up the entire United States operation, organizing the company, establishing the business plan, and even attending trade shows.

This was a challenging task, as the original company in China underwent a name change while several former employees filed lawsuits against the U.S. company. Despite all this, we were effectively able to connect the American company with the Chinese company and we held weekly conferences with our client to ensure that the company was running according to the plan set before us, even remaining on standby for any L-1A fraud investigation.

Additionally, we were concerned that the company did not grow as expected during the original L-1A filing. However, in the filing, we focused on the fact that growth did occur, and that the company was a real enterprise, demonstrating that it was doing business. We filed the extension three months before the expiration of the original and updated the financials so that they were aligned to the original business plan. We were able to succeed in this by demonstrating to the officer’s satisfaction that Mr. Wong had a managerial position within the Chinese parent company on top of being the executive in the U.S. company.

Outcome

Our client's L-1A extension was accepted and approved in 1 day.

No request for evidence was issued. The client was extremely thankful because several of his colleagues in the same industry had their L-1A cases denied even when their companies were more profitable and had more employees.

*Name has been changed to protect client identity