Case Studies: August 2024 - L-1 extension petition approved for an executive from India
Synopsis
Getting a "new office" L-1 petition is one thing, but getting an extension approved is another. After the initial one year period, there is no guarantee that USCIS will grant an extension of an additional period of two years for the executive or manager to continue to be on the L-1.
USCIS exercises increased scrutiny of the extension petitions because they want to make sure that the L-1 beneficiary has been elevated to an executive or managerial position after the first year. In particular, USCIS will examine the organizational structure and will expect to receive documents pertaining to the employees who are direct and indirect subordinates of the beneficiary. Aside from the organizational structure, USCIS will also evaluate the totality of the circumstances.
Our client who is a CEO of an Indian company which specializes in refining and distilling used oil products, producing re-refined oil. An affiliate company was set up in the U.S. and a petition was filed for his transfer to the U.S. to assume the role of CEO. After the initial period of one year, he was granted an additional period of two years and now, based on the need for his continued presence in the U.S., he was given another two years of authorized stay in the U.S.
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