L-1A Exectuive Petition Approved for Technology Company

Getson & Schatz P.C. helped secure an L-1A visa on behalf of a U.S. company which provides a cloud based publishing platform for an executive level employee transfer from a subsidiary company in India to the parent company in the U.S.

L visas, or intracompany transferee visas, are available to U.S. companies who wish to transfer a foreign national who is a manager, executive or specialized knowledge worker to the U.S. from a foreign parent, branch, affiliate or subsidiary company, or for foreign companies that wish to establish a U.S. company and want a foreign worker who qualifies for L status to help with that “new office” process.  The foreign national must have been employed with the qualifying foreign organization in an appropriate capacity for at least one continuous year in the three years immediately preceding his or her application for admission to the U.S.   The L-1A visa requires that the foreign worker be an executive or manager in order to secure the intra-company transfer. 

A letter from the parent company in the U.S. detailed that the Beneficiary had been employed by the Indian subsidiary for more than 1 year and managed and directed its major technology function related to the development of new and existing products. The Beneficiary also established goals and policies of the Indian subsidiary and under the Beneficiary’s direction the subsidiary was able to design and enhance many products for the parent company.

The parent company wanted the Beneficiary to transfer temporarily to the parent company as a result of large seed funding which the parent company planned to use to attract new clients and expand product offerings. The parent company wanted the Beneficiary to be present in the U.S. to collaborate with the business operations and business development divisions to plan and implement the technology required for the next phase of business using the seed funding.  In the L-1A position in the U.S. the Beneficiary would direct the management of the major technology function of the company at a senior level. The letter showed that the Beneficiary had been employed for more than a year in past three years and was going to be employed as an executive, therefore meeting the essential criteria for classification as an L-1A nonimmigrant.

In order to meet the evidentiary requirements of the L-1A petition, our Philadelphia immigration attorneys assisted in documenting:

That the parent company is a bona fide United States Employer: promotional materials, news articles about the company and its products, client contracts, website printouts, Federal Income Tax Returns and lease agreements were included as evidence of the business of the employer.

That the Indian subsidiary and Parent company are qualifying organizations: Articles of Incorporation, Stock Certificates, and other corporate documents were provided to show the parent/subsidiary relationship between the companies.

That the Beneficiary has more than a year of continuous full time employment abroad during the past three years in an executive capacity: In order to show the continuous full time employment of the Beneficiary, employment letters and pay stubs were included with the petition to show the Beneficiary’s continuous full time employment.

That the Beneficiary’s proposed employment is in an executive capacity: An “executive” is one who directs the management of the company or a major part or function of the organization. As evidence, the specific executive responsibilities of the Beneficiary were detailed in a letter from the parent company accompanying the petition.

That the Beneficiary was qualified for the position: The position offered required a Bachelor’s Degree or its equivalent in computer information systems, electrical engineering or a related field. The Beneficiary possessed a Bachelor’s Degree in Electrical Engineering and a copy of the Degree was provided.  Additionally our immigration lawyers documented the Beneficiary’s prior work experience through experience letters from former employers, showing the Beneficiary possessed the skills needed for the position.

Based on this information, our immigration attorneys were able to successfully represent our client in the filing of the L-1A petition allowing the Beneficiary to apply for an L-1A visa at the U.S. Embassy in India to work lawfully in the United States.

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