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Immigration Q&A - September 13, 2009 Q1: L1A New Office PetitionMy brother and I have a company in Brazil. We have 12 employees and an annual turnover of about $500,000 USD. I want to come to open an office in the US using the L1 visa. Is this possible for a small company like ours? While it certainly makes the case easier if your company were larger, the issue in your case would be how to show that your role in the US enterprise is managerial or executive in capacity. The number of employees in the foreign parent company or in the new US enterprise is not dispositive and we have handled many L1A new office applications where the L1 visa applicant will be the sole employee for the first year of operations. Q2: Chinese Applicant for AsylumI am from China and I would like to apply asylum. I was persecuted because I had two children. Can you help? Simply having two children and being Chinese will not result in an asylum approval. However, if you are able to show real persecution because you had two children, such as losing your job, being arrested or fined then you definitely have a case. |
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The Messersmith Law Firm, P.C. |
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