Case Study Discussion:L-1A Approval for Multinational Manager without issuance of a Request for Evidence

Posted on Oct 25, 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, an international company engaged in in the business of IT and ITES services, required the managerial expertise of the beneficiary in the United States to serve in the role of Senior Program Manager.  In this role, the beneficiary would play a crucial role in bridging the gap between technology and the company’s business operations.  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 the requirements for an L petition were satisfactorily met. 

Situation Analysis

The beneficiary had been working for the foreign entity for over ten years in the role of Senior Program Manager. In this role, he was serving as both personnel and functional manager, as he was supervising professional employees on a day-to-day basis and managing the IT team.  Because of his impeccable track record with the foreign entity, the decision was made to transfer the beneficiary to the U.S. entity to serve in the same role of Senior Program Manager and continue the supervision of the professional employees in the U.S., as well as overseeing and executing successful delivery of products and services to the established customer base.  

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 managerial role the beneficiary would undertake in the U.S. 

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.  Since the U.S. company had undergone restructuring, we had to provide satisfactory evidence to demonstrate the ownership between both companies.  To this regard, the Petitioner was not able to locate all the legal documents to demonstrate a proper trail of ownership.  Therefore, we submitted the available evidence along with a thorough explanation of the issuance of shares, the incorporation documents, and focused on the information available provided on the U.S. tax returns. The U.S. tax returns alone do not constitute as sufficient evidence for purposes of demonstrating the ownership of the U.S. entity. Additionally, evidence of the ongoing business activities was submitted, and comprehensive documents and arguments in our support letter to solidify the beneficiary’s managerial position for the foreign entity.  

For an L-1A petition, it is crucial to elaborate on the beneficiary’s duties during his time abroad. This involved day-to-day supervision of over ten professionals.  Additionally, the beneficiary was overseeing the daily operations and functions, and had the authority to hire and fire employees, as well as make recommendations for the promotion and leave authorization.  

The US entity goal is to continue growth and perfecting its business model. For this purpose, the beneficiary will hold the position of Senior Program Manager in the United States.  In this position, the Beneficiary will spend most of his time, planning, executing, and overseeing the successful delivery of products and services and projects to customers, a critical function within the organization, and utilize his combined technical expertise and functional knowledge to bridge the gap between technology and business operations.  As personnel manager, the beneficiary is to be tasked with the supervision of two other supervisory positions and other professional employees, who have at obtained at least a  bachelor’s degree as required for the position. The beneficiary in the US will play a significant role in achieving the company’s business objectives. 

It was important to emphasize how the beneficiary’s proposed duties involve core managerial functions such as project leadership, planning, resource management, problem-solving, communication, and continuous improvement. To achieve this, we broke down each of the duties provided by the petitioner and foreign entity and extensively explained how each of the duties fall as managerial for the position. 

Results: 

The L-1A petition was filed with the Texas Service Center via premium processing and was approved within seven business days without the issuance of a Request for Evidence, granting the beneficiary L-1A status for a period of three years.  We believe that our strategy in successfully showcasing the beneficiary’s responsibilities both abroad and in the United States, along with a significant amount of evidence and arguments to establish the ownership and relationship between both companies, is what made the case successful for our clients. 

Conclusion: 

In conclusion, our thorough approach to establishing the ownership and ongoing relationship between the foreign parent company and the US entity, supported by detailed documentary evidence, has successfully demonstrated the beneficiary’s pivotal managerial role as Senior Program Manager for the foreign entity.  

The US business operations will be positively impacted by the beneficiary’s role as Senior Program Manager, and we have convincingly showcased the beneficiary’s continued high level of involvement within the company in the United States.  We are confident that our approach will lead to a favorable outcome and secure approval for other L-1A petitions, as well as the EB-1C petition on behalf of the beneficiary.