L-1 To EB-1C To NOIR: How A CEO Won A Green Card Despite A Very Small Team

The Immigration Problem

Franklin had been in the U.S. for several years, striving to establish his business. He had been transferred to the U.S. from the foreign parent company he founded, which had grown to over 100 employees. His ultimate goal was to settle permanently in the U.S. and obtain a green card. However, despite his business success, challenges such as limited workforce size and visa status constraints stood in his way.


The Result

VisaPro had been with Franklin from the very beginning, guiding him through every phase of his immigration journey. Despite financial and business setbacks, our attorneys remained confident in our ability to help Franklin achieve his dream of permanent residency. After overcoming significant hurdles, Franklin’s EB-1C green card petition was approved, without even a Request for Evidence (RFE), allowing him to freely pursue business opportunities in the U.S. without visa-related constraints.


Inquiry Into The Background

Franklin was a visionary entrepreneur who had built a highly successful IT company in his home country in the early 2000s. By the end of the decade, his company had grown to over 100 employees, serving major clients in the U.S. Recognizing the potential for expansion, Franklin and his company’s leadership decided to establish a U.S. office, and Franklin was transferred to lead the new entity.

VisaPro secured an L-1A New Office petition for Franklin, which was quickly approved for one year. However, due to unexpected delays, Franklin entered the U.S. with less than five months remaining on his L-1A status. Despite this setback, he made remarkable progress in launching the business. When applying for an extension, VisaPro emphasized Franklin’s early milestones, including securing NDAs with prominent U.S. technology firms. As a result, USCIS approved the L-1A extension for two years without issuing an RFE.

Over the next two years, Franklin secured high-value contracts with leading U.S. technology and hardware companies. He now wanted to transition to permanent residency through the EB-1C Multinational Executive category. However, a challenge emerged: despite the U.S. company’s financial success, it had struggled to expand its workforce, potentially affecting EB-1C eligibility.


Analysis Of The Problem

While Franklin had led the U.S. company as its CEO for three years, the company had only a handful of employees. Despite this, VisaPro strategically emphasized that Franklin was fully engaged in executive responsibilities, being supported by his overseas office, and was relieved of non-executive duties.

VisaPro crafted the EB-1C petition, highlighting Franklin’s leadership and the company’s robust business performance. Despite concerns about the workforce size, USCIS approved the EB-1C petition, without issuing RFE.

However, another challenge arose after Franklin filed his Adjustment of Status application. A surprise USCIS site visit led to a Notice of Intent to Revoke (NOIR) his L-1A status due to concerns about the small number of employees in the U.S. This development threatened his green card application, and Franklin had less than 30 days to respond.

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Check My Eligibility

VisaPro’s Successful Solution

VisaPro’s attorneys sprang into action, working intensively with Franklin over two weeks to craft a compelling response:

  • Proved Franklin’s Executive Role: We provided evidence that Franklin was fully engaged as an executive, with operational support from his overseas office.
  • Highlighted Business Success: We showcased Franklin’s track record of securing lucrative contracts with top U.S. technology firms.
  • Demonstrated Financial Strength: We established that despite some operational challenges, the company was financially sound and strategically positioned for growth.

Our comprehensive response convinced USCIS to reaffirm Franklin’s L-1A approval. A few months later, Franklin attended his green card interview, where despite some tense moments, VisaPro’s careful preparation ensured a successful outcome, his EB-1C green card was approved.


Conclusion

VisaPro’s meticulous planning, strategic thinking, and unwavering commitment transformed Franklin’s U.S. business expansion into a permanent residency success story.

  • A Journey from L-1A to Green Card: Franklin’s transition from an L-1A visa holder to a U.S. permanent resident is a testament to VisaPro’s expertise.
  • No RFEs, No Delays: Every stage of Franklin’s immigration process – L-1A extensions, EB-1C approval, and green card approval – was achieved without RFEs.
  • Strategic Thinking Wins: Despite setbacks, VisaPro crafted innovative solutions to overcome workforce size concerns and ensure Franklin’s success.

At VisaPro, we don’t just process visas, we create winning immigration strategies. If you are a business owner, executive, or entrepreneur looking to expand in the U.S., our expert attorneys are here to help.

Contact VisaPro immigration lawyers today to explore your options!


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