On March 26, 2008, a very unique L-1A application of our client for transferring manager to the US was approved. Our office received the approval notice from the USCIS through Email one day after we sent in the response to the Request for Additional Evidence the USCIS sent us.
This case is unique in many aspects. Our client, a US company was established a couple of years ago. When it was founded, the company signed a contract and hired an individual in the US to serve as the company’s general manager. The parent company invested a substantial amount of capital to the US company, and provided merchandize at a lower-than-cost basis to the US company. At its peak, the US company has several employees.
Nevertheless, the business of the US company did not take off. In late 2007, the representative from the parent company came to the US to investigate the situation and through the help of our office found out that the hired general manager has been engaging in suspicious self-benefiting activities in breach of his contractual and fiduciary duty to the company. Many hiring was suspicious too. As such, the parent company decided to reorganize everything and send a new manager to the US. The problem is that by then, the accounting record of the company has pretty much been ruined and is in great chaos, and all the personnel of the US company has left. In other words, the US company is left with a mere shell, a bad and empty shell.
We knew that this would be a challenging situation. A complete package was filed to the USCIS, and as we predicted, despite of the explanation we made, the USCIS wanted to know more about the history and structure of the company. In response to the USCIS’ request, we made a further effort explaining in great detail about the founding of the company, the hiring and firing, and the effort made to reorganize it. Further chart and document was also submitted and the case was approved the second day after we faxed the response to the USCIS.
Over the years, we have filed many L-1A and L-1B petitions for our clients around the world. If your company is a parent or subsidiary company of a foreign company, and you wish to apply for managerial personnel or foreign employee with special knowledge, please contact us. The help you need, as we always say, is just a click away.