Client’s Corner: Avoiding the Delays of a Request for Evidence When Filing an L-1A Petition

The Grady Firm recently filed an L-1A Intracompany transferee petition application for a corporate

client, 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:

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When Is the Best Time to Apply for an H-1B Employee Visa?

H-1B visaThe most highly anticipated visa of the year begins its application season in Q1 2019. The coveted H-1B visa allows companies in the United States to temporarily employ foreign workers in jobs that are “specialty occupation” positions, which involve the theoretical and practical application of a body of highly specialized knowledge.  H-1B visa holders often possess STEM degrees, such as jobs in fields such as science, engineering, logistics, and information technology.  To apply for an H-1B visa, the applicant must have a bona fide job offer from a U.S. employer, a Bachelor’s Degree or higher in their specific specialty or its equivalent, and meet the other requirements of the visa.

The H-1B visa is valid for three years, with an optional three-year extension, and provides the employee with the opportunity to apply for a Green Card if sponsored by the employer.  Accordingly, because the H-1B visa can last for 6 years (and even longer under some circumstances), the H-1B visa is one of the most popular ways for foreign professionals obtain a work visa, and ultimately, a Green Card in the United States. 

US FlagAs H-1B applications require a third-party academic credential evaluation of foreign degrees and the processing of a Labor Condition Application with the Department of Labor before an applicant is eligible to file an H-1B application with the U.S. Citizenship and Immigration Services (USCIS), H-1B applications can take 2-4 months to prepare.  Therefore, a prudent applicant will begin his or her application preparation in December or January because it can take several months to get documentation prepared and signed by the employer, obtain important documents from third parties, and have the application prepared by an attorney. Continue reading