24 Hour Legal Advice Near Me New York Eb-1c Reversal L-1a

The original petition failed to clearly establish that the beneficiary exercised discretionary decision making authority at the Canadian parent company.

USCIS found that the documentation focused too heavily on operational involvement rather than executive level oversight, a distinction explicitly required under 8 C.F.R. § 204.5(j)(2).

Additionally, the organizational charts and job descriptions lacked clarity regarding subordinate managerial staff, which led adjudicators to conclude that the role was more functional than executive in nature.

This evidentiary gap ultimately resulted in a formal denial, placing the executive’s long term U.S. Immigration plans at serious risk.

The legal team conducted a line by line review of the denial notice, mapping each USCIS concern to the governing regulations under 8 C.F.R. § 204.5(j) and relevant policy guidance in the USCIS Policy Manual, Volume 6, Part F.

Special attention was given to distinguishing executive functions from day to day operational tasks, as well as clarifying the beneficiary’s authority over budgetary control, strategic planning, and senior personnel decisions.

This review confirmed that the denial stemmed from presentation issues rather than a lack of substantive eligibility, making refiling a viable option.

The new petition included detailed organizational charts for both the Canadian and New York entities, clearly showing multiple managerial layers beneath the beneficiary.

Affidavits from board members and senior officers explained the executive’s role in setting company wide policy, approving budgets, and directing cross border operations.

Corporate records confirmed that the U.S. And foreign entities maintained the qualifying relationship required under 8 C.F.R. § 204.5(j)(3), while New York business filings demonstrated lawful corporate operation within the state pursuant to the New York Business Corporation Law.

This level of detail directly addressed the deficiencies cited in the original denial.

This case illustrates that an EB-1C denial is not necessarily the end of the road, even after prior attorney error.

What matters is a clear understanding of the statutory standards, careful alignment of evidence with those standards, and access to responsive counsel capable of providing 24 hour legal advice near me when circumstances demand immediate action.

For multinational companies operating in New York, proper legal structuring can make the difference between prolonged disruption and successful permanent residence outcomes.