The visa has been denied based on me being a 'functional' manager rather than an exucutive manager. The company is small, hence why all roles have to be covered by me or one other.
It depends on the strength of the evidence presented to the USCIS.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
You, as the beneficiary of an L-1 petition, cannot appeal the denial.
Only the petitioner (in this case your employer) can appeal. In any
event, appeals to the USCIS Administrative Appeals Office for L-1 denial
are presently taking approximately 22 months. Keep in mind that then
pendency of an appeal does not grant you lawful status in the United
Often it can be a better option to either file a new petition or skip
the AAO altogether and file an action in Federal Court. I suggest you
consult with an experienced immigration attorney who can review your
case and advise you how best to proceed.
3 lawyers agree
Appeals can take more than a year.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
If your employer still wants to sponsor you, they should file a better documented new application and forget about the appeal
This general information does not establish any attorney-client relationship. There may well be factors not mentioned in the question which could and should be addressed in an attorney consultation.
1 lawyer agrees