Emergency appointment got denied.

[Deepc34 0]

Hello experts,
Recently my L1A petition got approved and I have applied for National Interest Exception Emergency appointment which got denied for reasons unknown. I work for healthcare client and provided sufficient documents to support my emergency appointment request.

Please respond below.
1) What are my next options ? I have an urgent requirement from the client, can I reapply for Emergency appointment again or can I counter the denial ?
2) Will it help, if I can get NIE supporting evidences directly from the client ?
3) Any idea about the tentative date for travel ban lift ?
4) Can I showcase similar NIE documents during the visa interview ? If yes, what are the chances to get visa stamped with NIE ?

5) Is their any definite documentation required from the client to be provided alongside any specific format of "Brief Explanation of Emergency" for a successful approval ?

 

Thanks in advance.

[HRQX 4,145]

10 minutes ago, Deepc34 said:

Any idea about the tentative date for travel ban lift ?

Only rumors. https://www.reuters.com/world/us/exclusive-us-developing-plan-require-foreign-visitors-be-vaccinated-official-2021-08-04/ "The Biden administration is developing a plan to require nearly all foreign visitors to the United States to be fully vaccinated against COVID-19 as part of eventually lifting travel restrictions that bar much of the world from entering the United States, a White House official told Reuters on Wednesday." "The official's comments were the strongest signal to date that the White House sees a path to unwinding those restrictions."

[Boiler 45,488]

L1 is an inter company transfer, so the need etc I would have thought would be company focused, I see mention of clients.

[arken 4,197]

10 hours ago, Deepc34 said:

I have an urgent requirement from the client,

This seems just a business requirement.

 

10 hours ago, Deepc34 said:

if I can get NIE supporting evidences directly from the client ?

If there is any emergency requirement, it should come from your employer's US office. What is a client doing here? Remember "I need that person urgently to start working here" is probably not an emergency.

 

 

 

[Deepc34 0]

@arken Help me understand the notion of an emergency requirement with an example with the background of my healthcare client and my visa category (L1A Individual), Thank you.

[arken 4,197]

On 8/7/2021 at 12:55 AM, Deepc34 said:

@arken Help me understand the notion of an emergency requirement with an example with the background of my healthcare client and my visa category (L1A Individual), Thank you.

I am not creating an imaginary emergency example. If you mention what is the requirement that you need to be in the US so fast, I can tell whether that satisfies the emergency requirement by the uscis. Just saying my healthcare client needs me is a vague statement.

[Deepc34 0]

42 minutes ago, arken said:

I am not creating an imaginary emergency example. If you mention what is the requirement that you need to be in the US so fast, I can tell whether that satisfies the emergency requirement by the uscis. Just saying my healthcare client needs me is a vague statement.

@arken Thank you, please find the requirement below :

 

 

"While working at onsite, consultant had supervised the design and implementation of Xxxxxx's Health mobile application. Because of the surge in COVID19 Delta variant cases, the application keeps getting overloaded and shutting down on frequent basis which is impacting Xxxxxx’s health plans’ consumers and employer customers. Unfortunately, none of the current team members at onsite seems to be able to provide a permanent fix and its high time that this consultant's help is needed. Current solution to sustain the issue is to reboot the application which is causing 0.5 - 1 hour of downtime everyday causing business to lose around 1 million US dollars every week. Because of the security restrictions, consultant cannot access the application from offshore to work upon the remediation steps. It is critical for the consultant to travel onsite before it causes huge business impact.

 

Furthermore, need consultant's expertise to build and manage a high-performance team of 15 to drive couple of time-critical COVID19 risk assessment projects that can provide seamless assistance to ease the burden COVID-19 is placing on Xxxxxx's affiliated partners and providers alongside derive a revenue of 230,000 US dollars per quarter to EMPLOYER_NAME."

Edited August 8, 2021 by Deepc34

[arken 4,197]

I still didn't get the client and consultant aspect when it's supposed to be an intra company transfer. Anyway if I were a CO, i would not consider this as an emergency for the following.

 

4 hours ago, Deepc34 said:

Unfortunately, none of the current team members at onsite seems to be able to provide a permanent fix and its high time that this consultant's help is needed.

This is more of a software developer/supervisor job not of a manager or executive level job. Manager or executive personnel can give guidance that can be given from anywhere. Non availability of any personnel for programming/application for such an important app seems to be too good to be true.

 

4 hours ago, Deepc34 said:

Because of the security restrictions, consultant cannot access the application from offshore to work upon the remediation steps

This is too good to be true. Manager or executive level personnel can provide guidance from anywhere for software developers to act on any bugs.

 

4 hours ago, Deepc34 said:

It is critical for the consultant to travel onsite before it causes huge business impact.

It can literally be done within the US by professionals.

 

4 hours ago, Deepc34 said:

Furthermore, need consultant's expertise to build and manage a high-performance team of 15 to drive couple of time-critical COVID19 risk assessment projects that can provide seamless assistance to ease the burden COVID-19 is placing on Xxxxxx's affiliated partners and providers alongside derive a revenue of 230,000 US dollars per quarter to EMPLOYER_NAME."

It's just business.

In my opinion while there is no objection for L1A visa, the emergency appointment is not warranted. It seems the reasoning is tailored to suit for your travel.

 

[P0907 127]

5 hours ago, Deepc34 said:

Furthermore, need consultant's expertise to build and manage a high-performance team of 15 to drive couple of time-critical COVID19 risk assessment projects that can provide seamless assistance to ease the burden COVID-19 is placing on Xxxxxx's affiliated partners and providers alongside derive a revenue of 230,000 US dollars per quarter to EMPLOYER_NAME."

The company could hire a competent IT project manager already located in the US that could handle all of these requirements.

 

  

5 hours ago, Deepc34 said:

Current solution to sustain the issue is to reboot the application which is causing 0.5 - 1 hour of downtime everyday causing business to lose around 1 million US dollars every week. Because of the security restrictions, consultant cannot access the application from offshore to work upon the remediation steps.

If anything, by you delaying the company from hiring a US based person to sort these issues out while they wait for your visa, aren't you also part of the reason they are loosing $1,000,000 a week? Sounds like they need to hire a new consultant.

 

 

This doesn't sound like an emergency that can only be solved by a particular person outside of the US.

Edited August 8, 2021 by P0907