The Grady Firm recently filed an L-1A Intracompany transferee petition application for a corporate
the U.S. subsidiary of a multi-national company with offices around the
world. This company was seeking to transfer a high-level executive in
the role of CEO to the U.S. subsidiary in new York. The L-1A visa
allows multi-national executives to relocate to the U.S. for up to 7
years, and can lead to a Green Card. This popular visa has faced
increased scrutiny under the Trump Administration, resulting in more
Requests for Evidence, delays, and denials.
Because this visa is eligible for Premium Processing (a 15-day case
review for an additional $1,410.00 filing fee), our client was fortunate
to receive an approval within 15 days without a further costly and
time-consuming Request for Evidence by USCIS.
The key to our success was anticipating what documentation would be
sought by the adjudicating officer, and providing a meticulous,
detailed, and creative presentation. In order to prevent a delay by
Request for more Evidence from USCIS, we provided some of the following
evidence in anticipation:
United States Customs and Border Protection (CBP) recently implemented a major policy change to the adjudication process of L-1 Intracompany Transferee petitions filed by Canadian citizens. Beginning in March of 2019, CBP officers at all ports of entry and pre-clearance facilities ceased adjudicating L-1 petitions for extension or renewal, including L-1A blanket petitions. CBP continues to adjudicate all new L-1 petitions for Canadian citizens and L-1 petitions for intermittent/commuter Canadian citizen employees.
CBP made this policy change after determining that the authority to extend/renew L-1 petitions falls to United States Citizenship and Immigration Services (USCIS), rather than CBP. As a result, all L-1 petitions for extension/renewal must now be filed with USCIS by mail.
If you are coming to the United States to establish a U.S. presence of your foreign business; investigate whether you want to open a business in the U.S.; or attend conferences, look for commercial space, or interview potential investors or employees; you may be eligible for the B-1 Temporary Business Visitor Visa.
I. B-1 Temporary Business Visitor Visa
1. Real Examples of When to Use the B-1 Visa
For example, if you own a business abroad but want to come to the United States to speak at conferences, meet potential clients, and conduct marketing activities, but have no plans to live or work in the U.S., the B-1 visa would be a good option for you.
In addition, if you have a business abroad and are looking to open an office in the United States, you can come to the US for several months to look for an office or warehouse space, interview potential employees, meet with investors, and do research for the business. Continue reading →
Ms. Grady on a panel about US immigration considerations for Canadian entrepreneurs, along with US Customs and Border protection officers
On April 12, 2018, cross-border attorney Jennifer Grady, Esq. spoke to a group of 100 Canadian entrepreneurs and US Economic Development Organizations (EDOs) at SelectUSA Canada. SelectUSA is a U.S. government-wide program led by the U.S. Department of Commerce. Since its inception, SelectUSA has facilitated more than US $25 billion in investment, creating and/or retaining tens of thousands of U.S. jobs. In addition to the annual Summit in Washington, D.C., it puts on local roadshows and events in countries around the world.
Ms. Grady’s topic, “Moving people across the border: Immigration considerations for investors“, provided an overview of considerations and options for moving key personnel to the United States. In addition, she provided tips on applying for visas and Green Cards based on investment, employment, and temporary business visits. She was joined as a panelist by executives from the U.S. Consulate in Calgary, and Custom and Border Protection (CBP). Continue reading →
On September 21-22, 2017, Jennifer Grady, Esq. participated in a delegation of the MAPLE® Canadian-U.S. Business Council of Southern California on a cross-border networking event in Toronto, Ontario. The delegation visited nine leading innovation, enterprise, and government organizations and hosted a sold-out cross-border networking reception to connect with Toronto-area business leaders. A panel presentation called “Doing Business with Southern California” featured speakers from Economic Development & Tourism, Business and International Development at Greater Irvine Chamber in Orange County, and the World Trade Center Los Angeles.
Outside MaRS Discovery District
The following organizations provided the delegation with insight into their work and shared opportunities for cross-border collaboration:
The L-1A Non-Immigrant classification enables a US employer to transfer an executive or manager from one of its affiliated foreign offices abroad 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 addition, if the business remains viable, meaning that it can show a profit or imminent profit potential, the L-1A holder and his or her dependents can apply for a Green Card after the first year.
If you are a CEO, manager, executive, or professional with specialized knowledge who plans to bring your expertise to an existing US office, or to open a new US office of your company, ask yourself the following questions below: Continue reading →