In order to secure an L-1A Intracompany Transferee Visa, an applicant must meet specific criteria outlined in the regulations. Employees transferred to the U.S. to establish a “new office” have the additional burden of proving the potential of the new office to support a high level executive or managerial employee within one year. The best vehicle for meeting this burden is a comprehensive, professional Business Plan. Notably, a recent appeal written by the Administrative Appeals Office (AAO), and decided on January 29, 2015, demonstrates to what degree a Business Plan can make or break a case.
In the above-referenced appeal, the petitioner wanted to employ the beneficiary as the president of a new office in the U.S. pursuant to the guidelines for an L-1A nonimmigrant intracompany transferee.
According to 8 C.F.R. § 214.2(1)(3)(v), if the employee is coming to the U.S. to start a new office, the following must be submitted with the petition:
- Proof that sufficient physical premises have been secured for the new office;
- Documentation that the employee has been employed in an executive or managerial capacity for one continuous year during the three year period immediately preceding the filing of the petition and that the proposed U.S. employment also involves executive or managerial authority; and
- Evidence that the new U.S. office will support an executive or managerial position within one year of the approval of the petition.
The Petitioner stated that the employee would be involved in “the overall vision and management of the company’s efforts to establish itself as a solid force in the North American market.” Additionally, the Petitioner included a job description and list of duties of the new office’s president in a 56-page business plan submitted with the petition. The USCIS director found the information submitted insufficient to demonstrate that the new company would support a managerial or executive position within one year. Clearly, it is not the length (ie: quantity) but rather the quality of the Business Plan that is the key to success.
The AAO upheld the District Director’s decision, confirming that the Petitioner did not meet the burden of proving eligibility for an L-1A Visa. The AAO cited several reasons why the petitioner did not meet its burden, most of which related to the Business Plan. One of the major contentions was that the description of the beneficiary’s role was too general. The Petitioner argued that the President’s proposed duties were listed in the regulations. However, the AAO pointed out that simply copying language from the regulations does not satisfy the Petitioner’s burden of proof.
Much of what the Petitioner failed to provide could have been cured with a professionally-written, well-researched and organized Business Plan. The e-Council Inc. team of professionals, skilled at drafting quality Business Plans designed to meet USCIS requirements, could have made all the difference in this case!
To learn about our Visa Business Plans, as well as a variety of ancillary services that specifically address USCIS’s requirements, contact e-Council Inc. at info@ecouncilinc.com.
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