2022 Southern California AILA Conference: Dealing With Difficult L-1A RFEs & Denials

2022 Southern California AILA Conference: Top Tips For Difficult L-1A RFEs & Denials

Categories: Resources
Published: November 30, 2022

Tags: AILA | L-1A | Video

How To Overcome Difficult L-1A RFEs & Denials: A 2022 AILA Conference Session Recap

In this video attorney Joseph Tsang recaps a panel session at the 2022 Southern California AILA conference discussing creative ways to deal with difficult L-1A RFEs (requests for evidence) and denials. This session was particularly special because Joseph was one of the three panelists in this session of the 2022 Southern California AILA conference. You’ll learn more about the information shared and get tips to overcome these difficult L-1A requests for evidence and even denials.

Full Video Transcript

This is a really special video because I’m not just reporting on what the AILA speakers talked about. I was the AILA speaker. We just finished the complex L-1 and EB-1C session. My two co-panelists were phenomenal. Between the three of us, we handled a lot of cases from India, Singapore, Korea, Japan, China, as well as all over Europe. It’s insane, and that’s just the three of us. When you include everybody else in the room, other experts dealing with L1A and EB-1C, we covered the entire world. As soon as I get a hold of the video on AILA Agora, we’re gonna put a link down below so you can watch the full thing, but here are some of the key takeaways. Let’s go.

Hi everyone. My name is Joseph. I’m the managing partner here at Tsang & Associates, where we solve legal problems with creative solutions. In today’s L1-A and EB-1C panel, one of the key takeaways that I learned is when you respond to USCIS, sometimes it’s okay to say, “We cannot provide it to you. I’m sorry.” 

You can use the FOIA (Freedom of Information Act) rules against the government. In this way, you can say that it is a trade secret. we have to redact it. So we provide it, but we’re not really providing it because you redacted it. Isn’t that genius? I have never done that, and I can’t wait to do that. USCIS issues you a long list of requests for evidence, all these things they want. We provide it, but we redact a whole bunch of stuff because it’s a trade secret. It has government information in there. It’s all the reasons why USCIS redacts all their stuff. Well, we could redact it too, and it’s okay. So, I love that. I can’t wait to use it, and you can too.

Another fun strategy we discussed at the conference was to use E-2 in lieu of L-1. Isn’t that fun? Most people think you have to do L-1 first and then do EB-1C. But we talked about a very specific situation where you could do an E-2 first and then do L-1 EB-1C. Or you do E-2 first simultaneously and do an EB-1C. 

I shared about what to do if your L-1 is denied. I shared a lot of creative solutions to legal problems, but if you’re watching this channel, you can already find them all below. 

This was such a fun session to be on this panel, to share about L-1A and EB-1C, and to be in a room full of people that practice L-1 and EB-1C’s day in, day out. 

The key takeaway is when you’re dealing with a complicated request for evidence or a denial, there are so many ways and so many things you can potentially do. If you’re interested in all the strategies and what to do, you should definitely check out the video from Agora. Take care. Bye.