L-1A Case Study: French Startup Relocates Its CEO Under a New Office Petition With No RFE

The Client

O.P. is an early-stage, venture-backed startup in the automated user testing industry from France. The company created a SaaS product that performs usability testing in videoconferencing, analyzing human emotions to deliver data-driven feedback to product and UX design teams. 

O.P. raised seed funding and was admitted into leading startup accelerators, including Techstars. 

At the time of engagement, O.P. operated with a French entity only, was in the active process of setting up its US Delaware corporation, and had no physical presence in the United States. The majority of O.P.'s client base was in Europe, with no significant business activity in the US yet. 

O.P. reached out to Beyond Border because its CEO, F.T., needed to relocate to the United States on a visa suited to a founder without a US operating history.

The Challenge

• Choosing between L-1A and O-1A eligibility: F.T. was initially in touch with Beyond Border to explore O-1A visa eligibility. The petition needed the right category for his specific background and evidence profile, given the risk of an unfavorable outcome under the wrong visa type.
• Assembling eligible documentation across languages and jurisdictions: Much of O.P.'s business contracts and supporting documents, including financial statements, were in French and Spanish, and needed to be properly translated within a tight submission deadline.
• Meeting a three-month relocation timeline without an RFE: F.T. had an expected landing date in the US only three months out, which meant the only viable filing option was premium processing.

Our Approach

1. Determine L-1A Versus O-1A Eligibility

Based on our experience and a quick, high-level evidence collection exercise, we advised F.T. to switch from an O-1A approach to the L-1A visa.

While O.P. did not have a US entity at the time, we kick-started the L-1A petition preparation and closely advised F.T. on setting up an entity to optimize for his L-1A outcome. 

2. Ensure Eligible L-1 Documentation Collection

Our team identified early in the documentation collection process that O.P.'s business documents were in French and Spanish. So we provided certified translations for his petition. 

We also advised O.P. on the minimum office requirement and ensured that they secured an acceptable commercial office lease from its affiliated incubator in France, which has a footprint in New York, to avoid being denied on the office space requirement.

As part of the documentation collection process, we worked closely with F.T. to understand his expansion plans and commercial pipeline in the US. This was important given the new US office setup.

3. Run an Airtight Petition With No RFE

O.P. was working on a very tight timeline given F.T.'s three-month expected landing date in the US, and the only viable option was premium processing. Our team submitted a high-quality petition for O.P.'s case, with no RFE in the end.

Result

Our L-1A petition for F.T was approved with no RFE. Prior results do not guarantee a similar outcome in any specific case. Every L-1A record is built around the individual facts, corporate structure, and evidence available to that client.

Why This Approach Mattered

For an early-stage startup without a US operating history, the strength of an L-1A new office petition depends on coordinating corporate structuring with immigration strategy from the beginning. This way, we gave F.T. a path to relocate on schedule without the delay of a request for evidence.

Considering an L-1A Petition?

If your company is expanding into the United States and needs to relocate an executive or manager, Beyond Border can help you assess your record and identify the evidence needed to support your case. Book a consultation with Beyond Border to discuss your specific circumstances.