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Immigration Law Success Stories
December 28, 2011
We represent a U.S. company that specializes in manufacturing analytical analyzers that measure the size, shape, and count of particles. The U.S. Company is a wholly owned subsidiary of a Japanese Company. The U.S. Company wanted to hire on a temporary basis in the executive position of Vice President of Global Sales a foreign national who was working in an executive capacity for the Japanese Company. Our firm determined that the U.S. company should petition for the foreign national as an intracompany transferee in the L-1A Multinational Executive category. The basic requirements for an L-1A visa are as follows: the applicant must have been continuously employed abroad in an executive or managerial capacity for at least one year during the three years immediately preceding the filing of the application for a parent, affiliate, or subsidiary of the U.S. company, the applicant must be coming to the U.S. to be employed in an executive or managerial position, and the applicant must intend to leave the United States when the duration of the stay has ended. We filed Form I-129 with L supplement along with extensive documentation establishing each of the requirements listed above. The documents we submitted included audit reports and tax returns for the U.S. Company, a detailed letter regarding the nature of the proposed executive position in the United States, as well as corporate documents and Board of Director’s resolutions to demonstrate the relationship between the U.S. company and the foreign company. Additionally, we used premium processing, which means that USCIS (United States Citizenship and Immigration Services) must adjudicate the petition within 15 days. Premium processing enabled us to receive a decision much quicker than filing under the normal procedures which enabled the foreign national to come to the U.S. to begin employment very quickly once the petition was approved.
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