An L-1A classification allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the U.S.[1] Additionally, this category enables a foreign company which does not have an U.S. office to send an executive or manager to the U.S. with the purpose of establishing one.[2] In order to begin the application, the employer must file a Form I-129, Petition for a Nonimmigrant Worker.[3] In order to be successful in a petition for an L-1A Visa, certain forms of evidence must be submitted and the Business Plan is an essential component of this petition.
In recent L-1A Requests for Evidence (RFE’s), USCIS made it clear that a vague Business Plan was insufficient to prove the “actual purpose, scope, and intention of the U.S. entity,” as required to secure an L-1A Visa. Specifically, USCIS established that it would look for the following elements in the Business Plan submitted to support the L-1A Visa petition: (1) competitive analysis; (2) market analysis; (3) required permits and licenses; (4) marketing strategy; (5) staffing requirements; (6) timetable for hiring; (7) job descriptions; and (8) sales, cost, and income projections.
The above-referenced components almost mirror what needs to be included in an EB-5 Matter of Ho-compliant Business Plan. Attorneys all over the country are receiving similar RFE’s to that detailed above, and many are having a difficult time explaining what is necessary to their clients since these are new requirements. It is clearly critical to provide the information that USCIS will need to approve an L-1A petition, and it is thus more important than ever to retain the services of professional Business Plan writers to either avoid or respond to such RFE’s.
In conclusion, the L-1A Business Plan requirements are becoming increasingly onerous, and more closely aligned to those of an EB-5 Business Plan. Therefore, it is essential to hire the right team with a track record of success. The e-Council-Inc.com team boasts such a proven track record in designing USCIS- accepted and approved Business Plans.
To find out about professional, well-researched, articulate, expository narrative Visa Business Plans, whether for L-1A, EB-5 or any other business-related Visa, as well as a variety of ancillary services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc.com at info@ecouncilinc.com.
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[1] http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
[2] Id