US Visa Approved - Malescu Law

L1 Visa Success Story for Chinese Citizen

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

  • Applicant Nationality: Chinese
  • Visa Type: L1A (Intracompany Transferee Executive/Manager)
  • Consulate: U.S. Consulate Toronto, Canada
  • Position: Director of HR
  • Approval Duration: 3 Years
  • Total Processing Time: 4 Months (with Premium Processing)

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:

  • Establishing the U.S. HR Department: Scaling the company’s American presence.
  • Compliance & Infrastructure: Designing and implementing core HR structures, policies, and programs compliant with US labor laws.

Key Takeaways for L1 Applicants

  • RFE Resilience: A Request for Evidence is not a denial; it is an opportunity to provide additional information on job duties, role within the company and other important information.
  • Global Mobility: This case highlights the posibility of Chinese nationals processing their L1 visa in a third country (like Canada) if they legally reside there.
  • The Importance of HR Role: For HR professionals, the L1A requires proof of “function manager” status or supervision of professional-tier employees.

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

 

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