Case Background The petitioner in this case is the founder and CEO of an AI-driven platform specializing in image editing and digital content creation. The products developed by the company have already been launched in major global app markets, providing creative tool services based on artificial intelligence to overseas consumers, with an independent revenue model and growth potential.
Legal Basis and Strategy In the L-1A "New Office" extension application, the core issue of concern to USCIS is whether the petitioner truly performed "executive capacity" functions during the initial stage of the company's establishment when personnel size was limited, rather than being involved in day-to-day business operations. Our firm’s legal team systematically constructed an evidentiary framework centered on the four statutory criteria for executives, addressing organizational structure design, exercise of management decision-making authority, personnel and financial control, and leadership in strategic planning.
We specifically demonstrated how the petitioner implemented indirect management through management teams in both China and the U.S.. The U.S. team is responsible for localized operations and market expansion, while overseas technical and management backbone staff support product R&D and business implementation under the petitioner’s unified command. This ensures that the petitioner remains focused on top-level corporate strategic decisions and cross-border resource allocation.
Application and Results Furthermore, we utilized extensive auxiliary evidence—such as annual budget planning, performance evaluation systems, recruitment and expansion records, and participation in industry events—to further corroborate the company's continuous operational capacity and the petitioner's actual control over the enterprise's development direction, ultimately resulting in a successful approval.
