If you’re an international business owner or executive who’s considering an L1A visa to establish or expand business operations in the US, unfortunately, rejection of your visa application is a harsh reality. In fact, a considerable number of L1A visa petitions are denied by the United States Citizenship and Immigration Services (USCIS) every year, causing a significant setback for businesses and individuals. To avoid having your L1A visa petition rejected, it is essential to understand the common reasons for rejection, the appeal process, and strategies to avoid rejection. In this article, we’ll explore these topics and also provide some real-life examples to help you better understand how to navigate the L1A visa application process.
- An L1A visa allows international executives or managers to transfer from a foreign company to a US subsidiary, affiliate, or parent company to manage or establish business operations.
- Common reasons for L1A visa rejections include incomplete paperwork or supporting evidence, insufficient company qualifications, and insufficient documentation of the executive’s managerial or executive duties.
- It is possible to appeal an L1A visa denial, but the appeal process can be time-consuming and requires a strong legal argument and additional supporting evidence.
- To avoid an L1A visa rejection, ensure that you provide complete and accurate documentation and evidence, provide clear and concise job responsibilities, demonstrate that the US and foreign offices are related and affiliated, and demonstrate that the US office requires a manager or executive.
Common Reasons for L1A Visa Rejections
Incomplete paperwork or supporting evidence: USCIS is strict when it comes to filing paperwork and supporting documentation. A missing document or lack of supporting evidence can result in a visa application rejection. Ensure that all required documents are complete, including the visa application form, the business plan, and all supporting evidence.
Insufficient company qualifications: To obtain an L1A visa, the US office must be related and affiliated to the foreign office in some way. The USCIS will scrutinize the company structure, ownership, and management to ensure that the L1A visa applicant will have an executive or managerial role. Ensure that the company qualifies as a U.S. employer, or be prepared to include evidence supporting that it meets qualifications for one.
Insufficient documentation of the executive’s managerial or executive duties: USCIS expects that L1A visa candidates serving as managers or executives will have significant decision-making power in their roles. Ensure that the submitted documentation confirms that the executive is primarily responsible for managing other executives or managers, overseeing operations, and making decisions.
The Appeal Process
If your L1A visa application is denied, you can appeal the decision to the Administrative Appeals Office (AAO) within 30 days of receiving the rejection notice. The AAO will review the original decision and any additional documentation you provide to determine if the original decision was incorrect. This appeal process can be time-consuming and expensive and should only be initiated if you have additional, significant evidence to support your application.
Strategies to Avoid L1A Visa Rejection
To avoid an L1A visa rejection, it is essential to provide complete and accurate documentation and evidence that demonstrates the company’s affiliations, the executive or managerial duties, and the need for the applicant in the US office. Here are some tips and strategies to consider:
- Provide clear and concise job responsibilities: Ensure that the documentation of the executive’s duties shows that they are primarily performing activities that require executive or managerial skills.
- Demonstrate the company affiliations: Show that the US and foreign offices are related and affiliated to protect against USCIS rejecting the visa.
- Ensure the company and the executive meet all necessary qualifications: Clearly include all qualifications in the visa application, including any professional certifications or degrees.
- Demonstrates that the US office requires a manager or executive: Provide evidence showing that the U.S. office has an executive or managerial need.
Example 1: A multinational company applies for an L1A visa for its CEO to oversee its US office’s operations. The immigration office denies the visa, citing insufficient documentation. The company later found out that their application was missing a vital document that could have made a significant difference in the decision.
Example 2: A company’s application for an L1A visa was denied due to insufficient documentation of the executive’s managerial duties. Upon further review of the submitted documentation, the company found that they did not include vital responsibilities that ultimately led to the visa’s rejection.
Q: Can I reapply for an L1A visa after USCIS rejects my initial petition?A: Yes, you can apply again. However, it is essential to understand why your initial application was denied and address any issues before reapplying.
Q: What should I do if my L1A visa is denied?A: You can appeal the decision to the AAO if you have additional evidence to support your application. Alternatively, you can reapply with additional documentation or consult with an experienced immigration lawyer to help increase your chances of a successful application.