We are pleased to announce a recent L1 Visa approval for a Chinese citizen at the U.S. Consulate in Toronto, Canada. Despite facing a complex Request for Evidence (RFE) from US Citizenship and Immigration Services (USCIS), our client secured a 3-year stay—the maximum duration allowed for a standard L1A transfer.
Case Highlights: Overcoming the L1 RFE for Chinese Citizen
The Challenge: Proving Managerial Capacity
While USCIS Premium Processing guarantees a decision within 15 business days, an RFE can significantly extend the timeline. In this case, the USCIS inquiry focused on whether a Director of HR qualifies as an executive or managerial position under U.S. immigration law.
The Strategy: Transfer from Canada to the U.S.
To overcome the RFE, we successfully demonstrated that the role was not merely administrative but involved high-level policy design and organizational strategy. We specifically discussed the organizational hierarchy, detailing the educational credentials, salary brackets, and specialized job duties of all direct reports and subordinate teams to confirm manager-level oversight.
The applicant is a long-standing employee of a major international organization with offices in China, Canada, and the United States.
With nearly 10 years of experience as the Director of HR in Canada, the applicant was tasked with a critical mission:
Key Takeaways for L1 Applicants
Partner with Malescu Law for L-1 Visa Success
At Malescu Law, our Miami-based US immigration attorneys specialize in L-1 visa. We guide multinational companies and foreign nationals through the complexities of the L-1A and L-1B approval process, including expertise in L-1 visas for Canadian citizens.
Our Miami, Florida L-1 Visa lawyers have a proven track record of overcoming complex USCIS Requests for Evidence (RFE), including in challenging Specialized Knowledge and New Office cases.
We serve companies and individuals across all 50 states, the District of Columbia, and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
