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Liam, originally from South Africa, set his sights on expanding his successful oil and gas technology company into the U.S. market. As the majority owner of both the foreign and U.S. entities, he aimed to transition to the U.S. branch as Chief Executive Officer. In this role, Liam would spearhead the development of a strategic plan to propel the company’s mission and objectives forward. The U.S. company, known for manufacturing marine water makers, sought to innovate technology that was not only cost-effective but also energy-efficient and durable.
To facilitate Liam’s move, we recommended he apply for an L-1A visa, recognizing his role in an L-1a executive capacity. The L-1A visa is designed for individuals in executive capacities who primarily direct organizational management, establish goals, exercise decision-making authority, and receive only general supervision from higher executives.
To qualify for the L-1A visa, Liam needed to meet several criteria:
Importantly, mere oversight of employees does not automatically qualify someone as acting in an executive capacity. Therefore, we meticulously detailed Liam’s executive responsibilities and highlighted his qualifications. A crucial aspect of our case was Liam’s commitment to hiring and training U.S. citizens in welding, fitting, and engineering. We emphasized the financial burden of shipping heavy steel products from South Africa, making a compelling argument that having Liam lead operations in the U.S. would not only be beneficial for the company but also for the American workforce. His leadership and expertise would ensure high-quality production of steel products right on U.S. soil.
We faced a challenge when we received a Request for Evidence (RFE) from USCIS, which required us to clarify how the existing evidence established Liam’s eligibility for the L-1a visa in executive capacity.
Our team responded strategically to the RFE by applying the “preponderance of the evidence” standard. This approach means that we demonstrated that Liam’s claims were more likely true than not based on the evidence at hand. We elaborated on Liam’s qualifications as an L-1A executive, drawing attention to the key points in the evidence already submitted.
Within 2 weeks of submitting the RFE, USCIS approved the L-1A visa.
If you are navigating the complexities of U.S. immigration for your business, our team is ready to assist you. We can help you identify the best visa options, prepare thorough applications, and respond effectively to any challenges that may arise. Your success story could be next! Contact us here.
