The Immigration Problem
Company D, a member of the Business Executive Program (BEP), was notified by the US consulate where they did most of their visa processing that the consulate was going to audit their use of the BEP program and the use of B1 visa to be sure that they were making proper use of it.
VisaPro’s efforts saw the Company D’s BEP standing remain unaffected. Additionally, Company D went on to receive approvals for every one of the 50 personnel whose visa application was filed by VisaPro over a 2 year period.
Inquiry Into The Background
Company D has its headquarters in the US, and a development office overseas. For the past couple of years the company had been a member of the BEP program and had been sending their personnel to the US using the B1 business visitor visa. In the fall of 2004 the company was notified by the US consulate where they did most of their visa processing that the consulate was going to audit their use of the BEP program and their use of the B1 visa to be sure that they were making proper use of it.
Being just a bit worried about what an audit would mean, Company D came to VisaPro for advice.
Analysis Of The Problem
After reviewing their company structure, immigration needs, and their current practices, it was our opinion that Company D was making proper use of the B1 visa program.
As part of our review of their current practices the Human Resources Director asked us to provide them with additional strategies and H1B alternatives for moving personnel between the overseas development office and US headquarters.
VisaPro’s Successful Solution
- First, we sent a letter to the consulate which laid out how Company D was making proper use of the B1 visa program. The consulates audit agreed with our findings and conclusions and Company D’s BEP standing was not affected.
- Based on the parent-subsidiary structure of the companies, and the proposed use of foreign personnel in the US, especially in light of the limited number of H1B visas available, we advised Company D that they should consider using the L1 visa for intra-company transferees.
- After reviewing the qualifications of the personnel that Company D wanted to bring to the US in the spring of 2005 we selected the best four, prepared and submitted L1 visa petitions for them. All four were approved in short order, and the consulate issued the visas. Throughout 2005 we submitted several more L1 petitions (both for executives/managers and specialized knowledge personnel), all of which were approved.
- Once the first 10 L1 visa petitions had been approved for Company D we prepared and submitted an L1 Blanket petition on their behalf. The Blanket petition was approved and Company D began filing manager and specialized knowledge professional L1 petitions directly with the consulate. This cut the processing times considerably for those employees that qualified for blanket treatment.
- Company D does much of their in-house training on proprietary products at their headquarters in the US so our next step was to establish a formal training program for them with USCIS. This allows them to bring individuals for their various training programs, usually lasting 9-12 months each, using the H3 trainee visa. By putting the H3 training program in place Company D no longer had to rely on the B1 business visitor visa, and the potential that a consular officer would think the proposed stay in the US was for too long of a period, for those employees being sent to the US for the longer training periods.
Company D now has three clear H1B alternatives for personnel coming to the US, without having to worry about the availability of H1B visas:
a.L1 intra-company transferee visa for executives, managers, and specialized knowledge personnel (available for up to 5 or 7 years)
b.H3 training visa (good for up to 24 months in the training program), and
c.B1 business visitor visa for short term assignments (usually lasting less than 6 months).
It takes time to understand the business and develop successful immigration strategies, but the added effort produces solid results. Company D received approvals for every one of the 50 personnel whose application was filed by VisaPro under L1, Blanket L and H3 visa cateogries over 2 year period – what more could any Company ask from their immigration attorney?
Our immigration attorneys have the experience to review and analyze different scenarios and formulate strategies for success. Contact VisaPro immigration lawyers to review your situation and discuss your options.
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What VisaPro Customers Are Saying
Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!"