- posted: Jan. 01, 2022
From Rithvick Bhagwati, Esq. (Partner)
Our firm works on many L1A petitions for our clients, and as a result have handled many Request For Evidences (“RFE”) issued towards L1A petitions. From our experience in handling such RFEs, we have noticed that USCIS generally tends to request evidence regarding the following: relationship between the United States employer and its qualifying foreign entity, whether the beneficiary’s position at the qualifying foreign entity was of a managerial or executive nature, and whether the beneficiary’s position with the United States employer will be of a primarily managerial or executive nature. It is our recommendation that in responding to these RFEs, the preparers be sure to include as much evidence as possible to establish their case and respond to the queries issued in the RFE, including the aforementioned ones.
When responding to the query requesting additional evidence to establish the relationship between the USA employer and its qualifying foreign entity, it is important to give details regarding the formation of the companies. This includes when the parent company of the entities was formed, the subsidiaries of the parent companies, and the division of shares. Be sure to also include information regarding the shareholders of the companies, as well as evidence of their ownership of the shares.
If USCIS issues an RFE inquiring whether the beneficiary’s position at the qualified foreign entity is of a managerial or executive nature, and/or if the position with the USA employer will be of the same nature (as they commonly do in RFEs to L1A petitions), it is pertinent to respond to the query in detail with as much evidence as possible. First, you must determine whether the position holder will be a manager or a functional manager. Be sure to understand the distinction between the two, as it is very important. A manager will be one who leads a team of individuals who handle his day to day tasks. A functional manager leads an essential function of the company. Once you determine what type of executive the beneficiary is, be sure to provide evidence establishing that fact. You should provide evidence of their duties and the managerial nature of the position. Do not get hung up on the Title of the position, it is the duties of the position that determine whether it is of a managerial or executive nature, not the Title itself.
RFEs to L1A petitions can be quite confusing and difficult to respond to. It is advisable that you consult with an attorney with the expertise and experience in dealing with such matters. Our firm has years of experience of handling such cases and have unfortunately seen many people further complicate their cases by attempting to respond to such RFEs without the guidance of an experienced immigration attorney.
Vijay Bhagwati, Esq.
Founder and Managing Partner
