L-1 Case Summaries 11.28.2018

Gabriella Agostinelli, our Senior Associate Attorney, recently had two L-1 applications successfully approved by Customs and Border Protection at the Peace Bridge, located in Buffalo, New York. The first L-1 application was a bit different from our average L-1 application, as it was for a new office in the United States. The company was well established in Canada, but had only been recently incorporated in the United States. To prove the new office’s ongoing business we provided the government with the lease agreement, business plan, and incorporation documents. This L-1 application was successfully approved for one year, which is the maximum approval period for a new office application. The second application was for an individual who was renewing his L-1 status. This application was also a bit different than the standard L-1 application as in this scenario the U.S. operations were a bit smaller than is usual. We were able to provide enough documentation to prove that the U.S. business has sufficient operations. The application was successfully approved for a three year period. If you are interested in learning more about the L-1 category, be sure to contact Berardi Immigration Law to schedule a consultation with an attorney today!

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!

L-1 Case Summary 10.18.2018

Senior Associate Attorney Gabriella Agostinelli recently had an L-1A renewal application successfully approved by Customs and Border Protection at the Vancouver International Airport in Canada. This was our client’s second L-1A application. This case was unique because unlike traditional managers, our client managed a function of the company, rather than managing people. In the application we were able to prove that our client managed an entire sales division in the United States worth more than $1.9 million. This was a huge contribution to the company’s successful operations in the U.S. and we were able to argue that our client clearly has a managerial role with great responsibility. In this instance, our client lived on the West Coast and was unable to meet us Fort Erie in Canada in order to prepare for the submission. Rather, Gabriella had a very in-depth phone call with our client thoroughly reviewing her application and answering all of her last minute questions. Our client was successfully approved L-1A status for a three year period. If you are interested in working in the United States, contact our office to schedule a consultation with one of our attorneys today!

L-1A Case Summaries 10.15.2018

Last week, Associate Attorney Catherine Dines Kettner had two successful L-1A applications presented to Customs and Border Protection by our clients at the Peace Bridge in Buffalo, New York. Both clients worked for the same company.  These applications were a bit different in terms of their corporate taxes. Often times, as a form of viable operations of both the foreign and U.S. entity, we will include tax returns. However, for tax purposes in this particular case, it appeared that neither entity had ongoing operations. Because of this, we instead included invoices and other documents as evidence of ongoing viable operations for both entities. Both clients had straightforward managerial roles and Catherine was able to detail this in the applications. Our clients met with our NAFTA Paralegal Sam Tiranno in Fort Erie, Canada immediately before presenting their applications. Sam went through the applications with them and answered all of their last minute questions. Both applications were successfully approved for the full length of time requested! If you are interested in applying for an L-1 application or have questions about it, please contact our office today!

L-1 Case Summary 10.08.2018

Last week, Associate Attorney Catherine Dines had a successful L-1A application approved by Customs and Border Protection at the Peace Bridge, located in Buffalo, New York. The L-1A visa requires that the applicant hold a managerial or executive role. This application was a bit unique in that our client didn’t manage people but rather a function. As a functional manager, our client manages a large revenue stream of sales which is vital to the business in the U.S. After assessing our client’s role and job duties, Catherine determined that the L-1 application was the best fit. She drafted the application in full and stressed the importance of the functional manager role in the letter of support. Our NAFTA Paralegal, Sam Tiranno, then met our client in Fort Erie, Canada in order to prepare her for presenting her application to Customs and Border Protection. We are happy to report that our client was approved for the full three-year period requested. If you are interested in applying for an L-1A visa or have questions about it, please contact Berardi Immigration Law to set up a consultation today!

L-1 and TN Case Summary 09.28.2018

Senior Associate Attorney Gabriella Agostinelli recently had three cases that were all approved at the border. The first two were both L-1 applications from the same company. They were both high-level individuals who will need to periodically enter the United States in order to help set up a new division of the company. After Gabriella assessed their job duties and roles, she determined that the L-1 was the best fit. She fully prepared both applications and had a thorough phone call with them in order to prepare them for presenting their applications on their own in Champlain, New York. Both applications were approved for the full period requested. The TN application was for a management consultant. These applications can be very difficult as there is a lot of fraud in this particular category. We were able to prove that the applicant was indeed working on a project by project basis for a U.S. consulting company. She was also approved for the full requested period. If you are interested in applying for an L-1 or TN visa, please contact Berardi Immigration Law today toll-free at 1-877-721-6100!

L-1 Case Summary 09.18.2018

Berardi Immigration Law recently had another L-1 applicant success story! This application had several possible sticking points that made it a bit of a difficult application. The L-1A category is for executives or mangers, which typically involves the management of people and direct reports. However, in this application, our client was a functional manager, meaning rather than direct people, he directs an entire function of the business. The application was also a bit different in that, since the initial application, the company had a major restructuring. The financial structure of the company had also changed due to that restructuring. Lastly, the U.S. petitioning company had not yet filed tax returns for this year. Our Senior Associate Attorney Gabriella Agostinelli was able to overcome all of these issues in drafting the application. We are happy to report that our client was successfully approved for an additional three year period. If you have questions on the L-1 visa category or would like to learn more about it, please contact our office to schedule a consultation with one of our attorneys today!