L1A for Information Technology and I.T. Staffing

Client: Hemant Madaan, OTS Solutions, INC.
Industry: Information Technology and I.T. Staffing
Visa Type: L1A Intra-Company Transfer Visa; EB1C Adjustment to Green Card
Result: Approved
Home Country: India
Client's Comment: Mark and his team are one of the best in their game. After trying and being burnt first time with another immigration lawyer, I finally got to Mark and we have had great success together for past many years. If you are looking for immigrating as business owner to USA, Mark and his team are your perfect match. Highly recommended

Hemant Madaan - L-1 Visa for IT Business & Staffing

Mr. Hemant Madaan is the CEO of OTS Solutions, a subsidiary of Om Tat Sat Private Limited. He has a very successful I.T. Business in Delhi-NCR, India. Identifying the U.S. as a key market for his products and services Hemant decided expand into the US. After the denial of his first L1 Visa application Hemant became skeptical of the United States L1A visa process and approach Davies & Associates

Highlights & Challenges

Gaining Client Trust. Overcoming Hemant's scepticism and lack of trust in the US legal professional was key. A lot of Indian entrepreneurs are necessarily skeptical of the L1 visa process due to negative media coverage and high denial rates. A well-presented L1A visa Petition which properly documents a client's Indian business and meets the requirements of the US immigration laws will be approved.

Flawed Original Filing. In a denied case mistakes made in the original submission can be fatal. The issue is that a later filing or Motion to Reopen cannot directly contradict the facts cited in the original visa Petition. Where the initial filing was sloppy and made critical mistakes of fact that makes an approval very challenging.

Indian Law. Another issue is that the non-US businesses must be properly documented and shown to be in full and proper compliance. In this case that meant with Indian law. It was obvious that the original lawyer had no knowledge of Indian business and probably had lilt experience with Indian L1A visa cases.

It is important to have a good business plan and a well documented petition. There is little room for error in these petitions but L1A visa applications are not rocket science. A seasoned attorney would know how to meet the requirements of USCIS. In this case the we felt the biggest challenge would be overcoming the previous denial.

Our Process

Review Team. Our first step was to carefully review Hemant's previous L1A filing and determine what had gone wrong. This step took some time and involved an experienced L visa lawyer, US corporate lawyer and Indian corporate lawyer.

Understanding Client's Indian Business. D&A's team in India visited Hemant's business in Noida, near Delhi. Through that visit we gained a thorough understanding of Hemant's business and operations. We worked with Hemant to develop a completely revised business plan and to replace Indian organisational documents which were deficient in the first filing. With an L visa proof that a business is in compliance with foreign law can be extremely important.

Proper US Set-Up. In the United States, D&A's New York corporate legal team moved quickly to ensure that Hemant's New Jersey business was properly set-up with all requisite licenses, registrations and permits. Our IP team worked to ensure that Hemant's intellectual property was properly protected in the United States.

Filing. Davies & Associates redrafted Hemant's L1A visa petition and refiled his case with USCIS for a second time. This time Hemant's case was approved. At present Hemant is running his I.T. Solutions company successfully in New Jersey, U.S.A.

Visa Interview. Our team in Mumbai were about to assist the client with his interview preparation.


After many months of explanation and discussion Hemant engaged Davies & Associates to prepare a new business plan and re-file a new L1A visa Petition with United States Citizenship and Immigration Services ("USCIS").

Hemant's L1A visa petition was approved within five (5) days of filing. Hemant went on to receive an approved visa extension and Adjustment of Status to green card holder through the EB1C program form Managers and Executives.

Lessons Learned

Protect Your US IP. For IT businesses it is very important to show the US government that the US business is properly and efficiently set-up in the US. This means paying attention to necessary licenses. Often technology companies claim to have valuable technologies under license to the US business but fail to take the legal steps to protect those technologies, this can give a case a total lack of credibility.

Retain a Corporate Lawyer to Open a US Business. This sill avoid unnecessary mistakes and may save you tends of thousands of dollars in unnecessary liability and fines.

Immigration Attorney. Saving a few hundred dollars to retain the cheapest immigration lawyer in the long run can costs tens of thousands dollars in unnecessary expenses. It is often much more expensive to correct error than to file a case correctly the first time.

Client Reviews
Mark is one of the best things happened to me in immigration. I was very skeptical as my last attempt to obtain an L1A was a negative one through another lawyer. Mark came in and… [made] sure that the case [was refiled] successfully. Rest assured, I can vouch for his services and will recommend him highly. Indian L1 Applicant previously denied using another law firm
I have been dealing with this firm for the last several years. They got my E2 visa approved followed by my E2 visa renewal as well. They are the best immigration lawyers I have ever met….. No one can give you better service than this firm. Australian E-2 visa applicant
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time." Individual Seeking 'Impossible' TN Visa
Davies & Associates provided me with truly outstanding customer service 7 days a week. Technically brilliant, Davies & Associates not only successfully obtained E-2 visa status for myself and my Indian wife but also seamlessly coordinated my entire legal team, ensuring the timely completion of my acquisition." E2 Visa Applicant and Business Owner
I was qualified as a physician in a foreign country. Being on a J-1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J-1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States." Doctor Seeking J-1 Visa Waiver
My exisiting immigration lawyer, who has a global reputation in immigration law, told me that "it couldn't be done". Someone suggested I speak to Davies & Associates and they obtained the immigration benefits I wanted. I will always use this firm in the future, they are miracle workers." Small Professional Business With International Offices
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case." U Visa Applicant, A Victim of Crime
There is no question that Davies & Associates is clearly the leading E-2 visa law firm in the United States." E2 Visa Applicant and Business Owner
Extremely knowledgable, available, and reliable Mark was a god-send when dealing with USCIS. He is very experienced so he knows the ins and outs of the process, can predict response times and is very available to answer questions in a timely and friendly manner. Highly recommended to anyone trying to navigate a complicated immigration process at any stage." Syrian Marriage Based Immigrant Visa Applicant with Two Year J-1 Waiver
I highly recommend Davies & Associates LLC Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer." Small Business Owner and E-2 Visa Applicant