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An L-1A classification allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the U.S.[1] Additionally, this category enables a foreign company which does not have an U.S. office to send an executive or manager to the U.S. with the purpose of establishing one.[2] In order to begin the application, the employer must file a Form I-129, Petition for a Nonimmigrant Worker.[3] In order to be successful in a petition for an L-1A Visa, certain forms of evidence must be submitted and the Business Plan is an essential component of this petition.
In recent L-1A Requests for Evidence (RFE’s), USCIS made it clear that a vague Business Plan was insufficient to prove the “actual purpose, scope, and intention of the U.S. entity,” as required to secure an L-1A Visa. Specifically, USCIS established that it would look for the following elements in the Business Plan submitted to support the L-1A Visa petition: (1) competitive analysis; (2) market analysis; (3) required permits and licenses; (4) marketing strategy; (5) staffing requirements; (6) timetable for hiring; (7) job descriptions; and (8) sales, cost, and income projections.
The above-referenced components almost mirror what needs to be included in an EB-5 Matter of Ho-compliant Business Plan. Attorneys nationwide are receiving similar RFE’s to the one detailed above, and many are having a difficult time explaining what is necessary to their clients since these are new requirements. It is clearly critical to provide the information that USCIS will need to approve an L-1A petition, and it is thus more important than ever to retain the services of professional Business Plan writers to either avoid or respond to such RFE’s.
In conclusion, the L-1A Business Plan requirements are becoming increasingly onerous, and more closely aligned to those of an EB-5 Business Plan. Therefore, it is essential to hire the right team with a track record of success. The e-Council Global team boasts such a proven track record in designing USCIS- accepted and approved business plans!
To find out about professional, well-researched, articulate, expository narrative Visa Business Plans, whether for L-1A, EB-5 or any other business-related Visa, as well as a variety of ancillary services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc at Founder@ecouncilglobal.com.
e-Council Inc.com’s website, newsletter and other forms of communication contain general information about legal matters. The information is not legal advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.
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Read MoreAn L-1A classification allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the U.S.[1] Additionally, this category enables a foreign company which does not have an U.S. office to send an executive or manager to the U.S. with the purpose of
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