CASE: L-1A petition extension / I-129

PETITIONER: Adventure Travel Company in the Philippines

BENEFICIARY: Filipino President/CEO in Las Vegas, NV

Our client is an adventure travel company in the Philippines.  They contacted our office in the middle of September 2014 to seek legal assistance for a possible L-1A “new office” petition to send its executive to the U.S. in order to setup a new office. Our office was retained and his L-1A petition and visa were approved in February and March 2015.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

In December 2015, our client contacted our office again for the extension of his L-1A status.

Upon retention, our office prepared and eventually filed the L-1A petition with various supporting documents. The application included a detailed employer support letter, documentation to demonstrate the qualifying corporate relationship between the parent company in the Philippines and the U.S., financial documents, past experience documents, business plan, and physical premises evidence among others. We filed the L-1A extension petition on January 5, 2016.

The USCIS eventually sent a Request for Evidence and requested Petitioner to submit additional evidence to establish ownership and control of the U.S. Entity, physical premises of the U.S. company, and U.S. Entity’s business activities. In response to the RFE, we gathered supporting documents to address all issued and filed the Response to RFE on March 24, 2016.

Eventually, our client’s L-1A application was approved on April 11, 2016. His L-1A status has been extended to March 2018.

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CASE: L-1A petition / I-129

PETITIONER: Adventure Travel Company in the Philippines

BENEFICIARY: Filipino President/CEO in the Philippines

Our client is an adventure travel company in the Philippines.  They contacted our office in the middle of September 2014 to seek legal assistance for a possible L-1A “new office” petition to send its executive to the U.S. in order to setup a new office.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:

• The employer has secured sufficient physical premises to house the new office;
• The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
• The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

The beneficiary has been the President of the parent company since 2010. Physical premises, articles of incorporation, and other legal matters were established for the “new office” as well. Our office was retained to do an L-1A petition with the purpose of transferring Beneficiary to the United States to head operations and be President of the new business (U.S. subsidiary).

Upon retention, our office prepared and eventually filed the L-1A visa petition with various supporting documents. The application included a detailed employer support letter, documentation to demonstrate the qualifying corporate relationship between the parent company in the Philippines and the U.S., financial documents, past experience documents, business plan, and physical premises evidence among others. We filed the L-1A petition on October 14, 2014.

The USCIS eventually sent a Request for Evidence and requested Petitioner to submit additional evidence to establish ownership and control of the U.S. Entity, physical premises of the U.S. company, and Beneficiary’s abroad employment. The company is in the “service” industry hence we had to argue and justify the “virtual” office arrangement of the office. In response to the RFE, we gathered supporting documents to address all issued and filed the Response to RFE on January 22, 2015.

Eventually, our client’s L-1A application was approved on February 10, 2015. Thereafter, our office filed I-824 follow-to-join application on March 24, 2015 to enable Beneficiary and his wife to come to the United States under the L visa as well. The I-824 petition was approved on April 28, 2015. Eventually, the visa applications were sent and our clients were interviewed. Eventually, our clients  L visas were approved at the U.S. Embassy in Manila.

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CASE: H-1B Change of Employer

PETITIONER: Advertising Media Company

BENEFICIARY: Albanian Graphic Designer

LOCATION: Nevada

Our client is an advertising media company in Nevada. They contacted our office in early November 2013 to seek legal assistance for their foreign employee. The beneficiary is from Albania and obtained her Bachelor’s degree in graphic design. The proffered position for the Beneficiary is a graphic designer which we argued qualifies as a specialty occupation.

The foreign beneficiary in this case already had her H-1B visa from her previous employer which was in a similar industry.  However, her H-1B visa was not expired yet, and she wanted to extend her H-1B status on a change of employer basis.

After retention, our office filed the H-1B change of employer with various supporting documents on November 26, 2013 via regular processing service.  Since this petition was based on a change in employer, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to April 1.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on January 21, 2014.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for the next three years.

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CASE: I-130 / I-485

APPLICANT: Filipino

LOCATION: Nevada

ISSUES: Immigrant Intent

Our client was married to a U.S. Citizen before she entered the United States as a tourist. On her last entry, she intended to visit and spend Christmas with his husband, and then come back to the Philippines and get petitioned over there. She even had her return ticket. When she was at the port of entry in Las Vegas, she was inspected and admitted as a tourist, and she was honest in telling the officer that she was visiting her husband. No other questions and she was let in. After a few months with her husband, they both decided to pursue adjustment of status here and first consulted with our firm. We informed them prior to retention that immigrant intent will be the major issue. We had to prove despite her marriage in the Philippines before entry on a tourist visa that her intent on that last entry was to visit, and not to eventually immigrate. They understood and were firm on their case – the beneficiary really did not intend to immigrate when she last entered the U.S. Our firm was retained pro bono and the I-130 Petition and I-485 Adjustment of Status application were filed. Within 60 days our client got her work permit. Prior to their interview, our firm prepared both husband and wife for the interview. We focused on the bona fide marriage and immigrant intent issues. On August 18, 2010, both were interviewed at the Las Vegas CIS office. They both did well and the officer gave our client a stamped approval at the conclusion of the interview. She will receive her green card in a week.

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