Successful L-1A RFE Case

  • Nationality: Chinese
  • Adjudicated By: US Consulate
  • Industry: Rubber (Material Goods)
  • Company: Startup
  • Position: CEO
  • Case: L-1A Extension
  • Challenge: Only 2 Employees in U.S. Office

Strong legal advice and an impeccable command of the law can be the difference between L-1A approval and denial.  With prior L-1A denial, complicating the matter is that there are times when USCIS officers have a very poor command of their own rules and regulations.  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. When the case was adjudicated by the immigration officer, he requested further evidence regarding the employment structure of the corporation showing that Mr. Wong was performing as a manager and executive in such a small operation ant not involved in the day-to-day operations of the business..

More specifically, the immigration officer stated that the applicant could not be both a manager and an executive and asked the applicants to only apply for one position. 

Immigration Officer also requested additional evidence regarding the employment structure of the corporation to prove that the applicant was performing as either a manager or executive and not involved in the day-to-day operations of the business.

Keys To Success

As Mr. Wang was in fact involved in both a managerial and executive position and held some day to day responsibilities, it seemed that the case was doomed.  However, Tsang & Associates was able to successfully prove to the immigration officer that a L-1A transferee could be both an executive and manager and perform both duties by citing previously affirmed case law and successful appeal cases.  Holding managerial and executive duties are not mutually exclusive. 

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.

“When the RFE came in, I thought my case was done for.  Thankfully, Joseph and Chen- Cho were able to find why USCIS was in the wrong and helped me win my case”- Mr. Wong

Outcome

Our client’s L-1A application was accepted and approved within two weeks of the request for evidence.

*Name has been changed to protect client identity.