Success! We recently had a successful L1A visa approval for a Fintech co-founder from Pakistan. Despite a complex Request for Evidence (RFE), our legal strategy secured a 3-year approval for the executive to transfer to an existing US office.
Case Highlights
- Applicant Nationality: Pakistan
- Visa Category: L1A (Executive Transfer)
- Role: Global Revenue Officer (GRO)
- Industry: Financial Technology (Fintech)
- U.S. Entity Status: Existing Office (Operating for 2 years)
- Processing Time: 2 months (via USCIS Premium Processing)
- US Consulate: Dubai, United Arab Emirates
The Profile: Global Expansion in the Fintech Sector
The applicant, a citizen of Pakistan, is the co-founder of a thriving Financial Technology (Fintech) company headquartered in Dubai, United Arab Emirates. With strong operations in Dubai, Oman and across the Middle East, and over 30 employees, the company sought to expand its presence in the United States.
The goal was to transfer the co-founder to the U.S. office to serve as the Global Revenue Officer (GRO). Because the U.S. entity had been doing business for two years—exceeding the one-year “New Office” requirement—the applicant was eligible for the maximum initial stay of three years for managers and executives.
The Challenge: Market Entry & RFE
Despite two years of U.S. operations, the company was still in the “market entry testing” phase. Their product has not yet been officially launched in the United States, although the firm has invested extensively in U.S. and already employed a small team consisting of a chief operations officer and marketing and sales staff.
USCIS issued a comprehensive Request for Further Evidence (RFE). The USCIS officer questioned whether the applicant worked in an executive capacity both abroad and in the prospective US role.
Overcoming the L1A RFE
To overcome the RFE, our legal strategy focused on the hierarchy of management, corporate structure and job duties.
- Evidence of Executive Role Abroad : We clarified the applicant’s role in Dubai, providing a detailed organizational chart that identified not just names, but the specific duties, educational backgrounds, and salary levels of the subordinates. We also provided a detailed breakdown of the co-founder’s duties in Dubai, highligting their oversight sales, marketing and operational departments. Finally, we documented the reporting structure and strategin relationship with the company’s Board of Directors.
- Subordinate Hierarchy: We successfully argued that as the Global Revenue Officer, the applicant would oversee the U.S. executive team. By showing that they would manage other managers and professionals, we satisfied the requirement for executive capacity.
- Investment and Product Testing as “Doing Business”: We proved that “doing business” is not solely defined by a product launch and profits, but by the systematic and continuous provision of services and the substantial financial investment made in the U.S. economy over the prior 24 months.
The Result: A Seven-Day Turnaround
By using Premium Processing, the initial filing was adjudicated quickly. Once we submitted our response to the RFE, USCIS approved the L1A visa within just 7 days.
Key Takeaways for L1A Applicants
- Nationality & Context: Being a national from Pakistan and operating out of Dubai is a common path for global founders, executives, managers and specialized knowledge employees to secure an L1 visa; clear documentation of the foreign entity’s activity is key.
- The Importance of Org Charts: A well-structured organizational chart is the backbone of an L1A petition.
- Activity: You do not need profits to prove you are “doing business,” provided you can show significant investment, operational milestones and tax returns.
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
