Case Study Discussion: L-1 and EB-1C Approval for Multinational Manager without issuance of any Requests for Evidence

Posted on Sep 6, 2023 by Chris Prescott

The Patel Law Group immigration practice was retained to obtain an L-1A petition approval for a multinational manager. The petitioning U.S. entity, a fine-jewelry and diamonds wholesaler and marketer company,  established in the state of New York, required the executive/managerial expertise of the beneficiary in the United States to serve in the role of President, to oversee the Sales and Marketing function of the U.S. company in its entirety.  The primary objective of the Patel Law Group was to demonstrate to the U.S. Citizenship and Immigration Services that the beneficiary possessed the necessary qualifications for the position and all of the requirements for an L petition were satisfactorily met.

Situation Analysis:

The foreign parent company of the U.S. entity tasked the beneficiary with an assignment to introduce a new line of business and expansion of the foreign company.  After conducting thorough market studies and seeking professional advice, the beneficiary identified the potential for a U.S. office in the renowned New York diamond district. Recognizing the significance of establishing a presence in the United States to boost company revenue and customer base, the foreign company decided to transfer the beneficiary to lead the launch and operation of the U.S. entity.

The general requirements for an L-1A petition include establishing the qualifying relationship between the foreign parent company and its subsidiary in the U.S., showcasing the beneficiary’s one-year period of employment with the foreign entity, and outlining the proposed executive/managerial role the beneficiary would undertake in the U.S. 

Additionally, the petitioner’s ultimate goal was to sponsor the beneficiary for a green card under the EB-1C preference category, so that he can permanently continue to oversee the operations of the U.S. entity.  Therefore, smooth filing and approval of the L-1A petition was imperative.

Patel Law Group’s Approach:

We first focused on establishing the ownership and ongoing relationship between the foreign parent company and the U.S. entity.  To support this, we submitted evidence of the ongoing business activities,  and comprehensive documentary evidence to solidify the beneficiary’s managerial position as the Sales and Marketing Executive for the foreign entity. Given the nature of the case, it was crucial to elaborate on the beneficiary’s duties during their time abroad. This involved day-to-day supervision of professionals, overseeing the sales and marketing team, devising, and executing business strategies, and taking charge of essential managerial responsibilities, such as employee hiring and termination.  We also made the argument that the beneficiary qualifies as both a personnel and functional manager. 

While employed abroad, the beneficiary was tasked with the expansion of the business operations, which led to the establishment of the subsidiary in the U.S. Additionally, though the beneficiary’s diligence, both, the parent, and U.S. subsidiary enter into a business agreement with a Dubai-based company for the trading of diamonds and other fine jewelry.  The beneficiary’s instrumental role in fostering this international collaboration showcases his acumen and contribution to the company’s growth and expansion. 

The U.S. entity was to become a global wholesaler and marketer of diamonds, fine jewelry, and other high value jewelry materials, and provide its products to regional wholesalers and retail shops across the U.S.  For the successful leadership of this expansion, we then shifted our focus to solely expanding the proposed executive/managerial position for the beneficiary.  Initially, the beneficiary was to only supervise one manager and one professional employee in the U.S. and would continue to supervise the professional and managerial staff for the parent company.  It was essential to be able to demonstrate the executive-level involvement the beneficiary would continue to have within the companies.

Results:

The L-1A petition was filed with the Texas Service Center via premium processing and was approved two weeks later without the issuance of a Request for Evidence, granting the beneficiary L-1A status for a period of two years.  We believe that our strategy in successfully defining the beneficiary as both, personnel and functional manager, and expansively showcasing the beneficiary’s responsibilities both abroad and in the United States, along with compelling evidence of the beneficiary’s significant contributions to both companies’ business activities, played a crucial role in the swift approval of the application. 

Moreover, we followed the same approach when submitting the EB-1C petition filed by the U.S. entity on behalf of the beneficiary, which also resulted in an approval without the issuance of a Request for Evidence. 

Conclusion:

In conclusion, our comprehensive approach to establishing the ownership and ongoing relationship between the foreign parent company and the U.S. entity, supported by detailed documentary evidence, has successfully demonstrated the beneficiary’s pivotal managerial role as the Sales and Marketing Executive for the foreign entity. Through our diligent efforts, we have effectively showcased the beneficiary’s extensive responsibilities while abroad, including overseeing the sales and marketing team, implementing business strategies, and managing personnel on a day-to-day basis.

The U.S. entity’s status as a global wholesaler and marketer of diamonds, fine jewelry, and high-value jewelry materials further solidifies the importance of the beneficiary’s role in expanding business operations and establishing the U.S. subsidiary. By successfully navigating the complexities of the proposed executive/managerial position in the United States, we have convincingly showcased the beneficiary’s high level of involvement within the company.

Our submission of compelling evidence has also highlighted the beneficiary’s critical contributions in forging significant business agreements to promote the growth of the parent company’s global operations.

Overall, the combination of our efforts in establishing the ownership relationship, detailing the beneficiary’s managerial responsibilities, and expanding the proposed executive/managerial position has resulted in a robust and compelling case. We are confident that our comprehensive approach will lead to a favorable outcome and secure approval for other L-1A petitions.