L1 A application USCIS asking for additional evidence

[premalmehta1972]

Our company applied for L1 A on 11th Dec'08 on 5th Feb we got a mail from USCIS that a letter has been sent to us requesting Additional Evidence, till today we haven't received the letter sent by USCIS but we would be obliged if some one can just let us know what additional evidence can USCIS request??

We had prepared a complete and very informative application and included every details which is required by USCIS, now what else can they want????

We are based in INDIA and trying to open a new entity in US through L1 A visa.

I am working as director of the company since last 11 years.

[orion]

Wait for it, you dont have a choice. L1 visa is the most abused, so infact its a welcome change by uscis.

[premalmehta1972]

USCIS REF, please advice

It is noted that the petition is filed as a new company established in NOV of 2008. Simply holding a title as manager does not in itself establish the duties to be that of an inter company trnaferee that is primarily executive or managerial or it would be functioning at the level / capacity by regulation. Consequently, questions to determine eligibility are left unanswered by your initial submission.

1) Submit a copy of the corporate employee chart showing the executive / managerial structure for your foreign entity

2) The beneficiary's duties as described in the record do not appear to relate primarily to policy and general operations oversight rather the beneficar's duties appear to relate to day to day operations involved in producing a product of providing a service as well as the supervision of non qualifying employees.

Submit evidence to show how your company in the UNITED STATES is of sufficient size to support a managerial or executive position. This evidence should demonstrate that the beneficiary would be performing primarily executive or managerial duties.

Submit additional evidence to establish that the beneficiary will be employed in a (n) managerial capacity in the US firm, Submit additional evidence showing the management structure and personnel structure of your US entity, to assist us in determingin whether the benificiary is or will be employed in a qualifying managerial or executive capacity.

1) How many subordinate supervisor are or will be under the beneficiary's management
2) What are the job titles and job duties of those employees
3) What executive / managerial and technical skill are required to perform the duties in the US
4) How much of the time spent by the beneficary is or will be allocated to executive / managerial duties and how much to other non executive functions
5) What degree of discretionary authority in day - to day operations does or will the beneficiary have in the US position

Submit as organisational chart for the US entity

Submit a comprehensive description of the neneficiary's proposed duties. Also indicate how the beneficiary's duties will be managerial or executive in nature. For executive or managerial consideration you must aslo (1) demonstrate that the beneficiary will function at a senior level within as organisational hierarchy as well as in the position title or (2) demonstrate that the beneficiary will be managing a subortinate staff of professional, managerial or supervisiory personel who will relieve him / her from perfroming non qualifying duties, if appropriate

3) It appears questionable that the US entity will grow to a point in its first year where the benificiary will be involved in activities that are primarily managerial or executive in nature. Rather it appears that you have misrepresented the true nature of the benificiary's position in the US office

It does not seem reasonable that one person would serve to be all people and considered to be hierarchy over one self. In this case it appears that the services to be offered by your organisations will be performed by your managers / executives

Submit a copy of your business plan for commencing your start-up company in the US, giving specific dates ( time table ) for each proposed action, for the next two years. Please start with the date of filing of the petition, DEC 11 2008.

4) SUbmit evidence that establishes the financial status of the US organisation.

Submit evidence that establishes the size of the US invest and the financial ablility of the foreign organisation to remunerate the beneficiary and commence doing business in the US.

Submit documentary evidence that would show the foreign entity has been continuously in contact with your incorporator and your other representiatives through the US intity's incorporation process. In addition please submit copies of the cancelled cheks, letters of credit, monetary transfers etc that were used by the foreign entity to fund the incorporation of the US entity.

[orion]

These are valid questions they are asking you to prove that you are eligible for the visa you are applying. You must answer these, how can forum members help you with this?

[premalmehta1972]

Yes we are preparing the answers

We are preparing the answers to the doubts raised by the officer of USCIS in our application, we just wanted to inquire wether REF raised by USCIS is an end to our application????? Even if we submit the details requested as they want do they still reject the application???

We are not misusing the L1 A visa any ways and ever detail submitted by us are 100% genuine. We are just thinking that once REF is raised then there are less chances of application getting through and thats why we raised this question in this forum.

[itzprams]

We are just thinking that once REF is raised then there are less chances of application getting through and thats why we raised this question in this forum.

Thats not true.

However, it is best idea to take help from an immigration lawyer.

[txh1b]

If you are the only employee of the company and are requesting a L1A, from what I understand, you don't have any people reporting to you and you would not qualify for a L1A based on your org structure.

USCIS' RFE has lot of valid questions from the way I read it. Unless each of them is addressed appropriately, the likelihood of approval is slim.

[premalmehta1972]

Not the only employee

If you are the only employee of the company and are requesting a L1A, from what I understand, you don't have any people reporting to you and you would not qualify for a L1A based on your org structure.

USCIS' RFE has lot of valid questions from the way I read it. Unless each of them is addressed appropriately, the likelihood of approval is slim.

I am not the only employee of my company, we have more than 25 people working under me in different departments such as Marketing, editorial, desigining, computer etc. We are a publication and event management company.

We are a decade old organisation and I am one of the director of the company

[txh1b]

If that is the case, the RFE can be answered easily. Get a good lawyer.

[premalmehta1972]

Thanks

If you are the only employee of the company and are requesting a L1A, from what I understand, you don't have any people reporting to you and you would not qualify for a L1A based on your org structure.

USCIS' RFE has lot of valid questions from the way I read it. Unless each of them is addressed appropriately, the likelihood of approval is slim.

Thanks for your answer and time.

[DMX17]

We are based in INDIA and trying to open a new entity in US through L1 A visa.

This is an interesting thread.

I have a question. Is it legally allowed to do something like this? I mean can someone first obtain an L1A and then open (set up) a company in the U.S.? Shouldn't this be done the other way around?

I do not know much about L1A and hence the question.

[txh1b]

This is an interesting thread.

I have a question. Is it legally allowed to do something like this? I mean can someone first obtain an L1A and then open (set up) a company in the U.S.? Shouldn't this be done the other way around?

I do not know much about L1A and hence the question.

It is possible. One of a distant relative of mine was on this mission. He set up a business here on a L1 and once it was up and running, he was back home running it from the home country.

[DMX17]

One of a distant relative of mine was on this mission.

Call me Jimmy on this. I am on the same mission as that of your distant relative now. Let me start with starting a company in India. Oh well, already have a company and at least 4 people report to me over the phone!

[orion]

http://www.immihelp.com/forum/showthread.php?t=60396

[DMX17]

http://www.immihelp.com/forum/showthread.php?t=60396

I got to this thread from the thread your listed above. You are trying to make me make circles?