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L-1 and TN Case Summary 11.08.2018

Senior Associate Attorney Gabriella Agostinelli recent had three successful applications presented by our clients to Customs and Border Protection at the Peace Bridge located in Buffalo, NY. The first case was a challenging L-1B application. Unlike L-1A applications which require the applicant to hold a managerial or executive position, the L-1B application requires that the applicant possess specialized knowledge unique to the company and its services. This L-1B case was a bit more challenging than usual for three reasons. The first reason was that the client was already beyond the allotted five-years of eligible status. We were able to provide one year of credit card and utility statements to prove that our client only makes periodic entries into the United States and maintains his permanent residence in Canada. The second reason was that the client was a full-time exclusive contractor, rather than an actual employee of the company as we typically see. To overcome this, we were able to provide a letter from HR describing the payment process and bank statements proving that funds are direct deposited into the client’s bank account. The last hurdle was simply to prove that the client possessed specialized knowledge which, in general, can be difficult. We were able to use the beneficiary’s unique education and training, as well as his many years of experience with the company and its proprietary systems to prove that he does in fact possesses specialized knowledge. Our client was approved for the full time period requested. The other two successful applications were for a TN Computer Systems Analyst and a TN Management Consultant. Those applications were also approved for the full time periods requested. If you are interested in working in the United States, be sure to contact Berardi Immigration Law to speak to one of our attorneys today!