L-1 Multinational Manager Visa For 90-Year-Old
1) Parent company. Zhejiang a textile production and processing trading company, established nearly 10 years, hundreds of employees
2) Subsidiary. A California company engaged in the production and sale of medicinal plants, with one employee and an investment of $100,000 to establish
Dispatcher. Miss Zhou, less than 30 years old, returnee, vice president of sales of Zhejiang company, sent to the United States company as general manager
Application Category. L-1A Multinational Manager Visa
Industry engaged. Parent-subsidiary cross-industry operations, U.S. companies jumping out of traditional industries
Processing time. Established company in California in July 2015, filed L-1 petition on March 20, 2017, approved by USCIS on March 24.
(1) When the U.S. company was initially established, it was set up in the name of Ms. Zhou personally, and Zhejiang did not consider doing L-1 for its employees, and the equity structure of both companies did not comply with L-1 regulations.
2) Ms. Zhou does not own a company in Zhejiang, is young and has shallow work experience, and has a gap compared to the usual multinational managers. But the background of studying in the United States adds to her points.
(3) The business of the Zhejiang company and the U.S. company are unrelated, and the business of the U.S. company is a completely new field, and the business of the two companies is not compatible.
(4) Miss Zhou, who is also the vice president of sales of Zhejiang company and the president of the U.S. company, was eager to carry out business after the establishment of the U.S. company and frequently entered and left the U.S. with B1/B2, and was returned to China by the U.S. Customs during an entry at the beginning of this year, and her B1/B2 visa was revoked.
(5) Ms. Zhou is the vice president of sales in Zhejiang company, but the company has many people with complex relationships, unclear division of labor and ambiguous work content.
6) The U.S. company has been running for more than 1 year, but has always had only one employee.
KEYS TO SUCCESS
After understanding the situation of these two companies and Ms. Zhou, Joseph Tsang’s team first adjusted and transferred the equity of the U.S. company, so that both Ms. Zhou and Zhejiang were shareholders of the U.S. company, meeting the basic requirements of the parent-subsidiary relationship for L-1 petition.
Although L-1 does not require the parent and subsidiary to be engaged in the same industry, in this case, the Zhejiang company is producing and selling traditional textiles for export, while the U.S. company is producing and selling a local medicinal plant in the U.S., which is a big crossover. Since the basic facts could not be changed, we mainly focused on the U.S. company, including the business plan of the U.S. company, the purpose of the venture in the U.S., the industry trend and transformation, the staff setting, and the industry outlook. Especially the business plan, a good business plan is especially critical for a new company.
In order to avoid Miss Zhou’s young age and shallow qualifications were found not to meet the multinational manager, Zang lawyer combed her work in Zhejiang company and work achievements to sort out, so that Miss Zhou’s work ability to be highlighted, and emphasize its background of study in the United States, and asked the United States experts to specifically assess the situation of Miss Zhou, to confirm the level of Miss Zhou to meet the multinational manager, the ability to take this position.
Finally, the U.S. company has been established for more than a year, but there has always been only one employee. Mr. Zang emphasized that the U.S. company is not an empty shell, but is indeed operating and growing from the background of this employee’s academic experience and the performance growth of the U.S. company over this year.
As for the cancellation of Ms. Zhou’s visa, we present more evidence from the B1 business visa purpose, Ms. Zhou’s non-existence of illegal working in the U.S., overstaying, etc., to prove that Ms. Zhou did not violate the immigration law and is still eligible to re-obtain the L1 visa to come to the U.S.
For more information on the requirements, steps and documents for the L-1A Multinational Manager Visa application, please see “L-1A Visa Details – Multinational Manager/Executive to the United States”.
Since Ms. Zhou was very nervous and worried about whether she could come back to the U.S., we chose to expedite the L-1 USCIS application stage (premium processing), which was approved four days after the USCIS received it! Ms. Zhou was overjoyed and was working hard to prepare for her L-1 interview at the Shanghai Consulate. Due to her record of visa revocation, Ms. Zhou was given comprehensive counseling and adequate pre-interview training by our team of lawyers.
Lawyer Joseph Tsang commented:
We are also very excited to have Ms. Zhou’s L-1 approved with no problems. Although there is no age limit for L-1 applicants, they usually have to have a reasonable amount of years of work experience and background. However, in this case, Ms. Zhou has studied in the U.S. and is familiar with the area, has the ability to work hard, and has really made a good job, which is a favorable condition for her to try L-1 unlike other young people.
L-1A manager and supervisor positions do not allow the applicant to be a first-line supervisor. Zhejiang companies have a large staff but complex organizational structure, and U.S. companies are too small, so it is a challenge to prove that the client is in a high-level management position.
Although the USCIS has no statutory requirements for the registered capital, number of employees, company revenue, profits, or amount of taxes paid by a parent or subsidiary, it does not mean that just any company can successfully apply for an L-1. These require experience and expertise, which is where our expertise lies.
If you own a company overseas or work for a company that is interested in coming to the United States, you may be eligible for L-1 status and are welcome to contact Tsang & Associates with questions in this regard.
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