Answering your questions with Copy/Paste from the filled form I-195:
CURRENT JOB DESCRIPTION
Operations & QA Manager
As the Operations & QA Manager at Ogangi Francisco handles 24x7 hardware, software, networking and monitoring activities in our datacenters. He is also responsible for Quality Assurance of all Ogangi products and services prior to reaching customers. The duties include: • Installation, configuration and administration of UNIX/Linux servers in both the Amazon (AWS Web Services) cloud and Verizon Terremark Miami datacenter. • Setup and management of all Ogangi connectivity with mobile operators and customers worldwide. This includes connection to mobile operator's text messaging platforms (SMSC) and customer's systems through secured Internet connections (VPNs). • 24x7 monitoring and third-level escalation level to any customer support situation involving connectivity. • Database administration of all production Oracle databases supporting Ogangi's products and services. • Capacity planning for servers, network bandwidth, databases and storage. • Administration of Ogangi's internal infrastructure services: DNS, email, LDAP, tickets platform, webmail and backups. • Final sing-off in the approval of products and services going into production.
WHY NEEDED IN THE US
Similar activities, but as Ogangi's business is growing so are our customers demands in terms of Service Level Agreements (SLA) in the provisioning of services. Francisco will need to be more active in the local Verizon Terremark datacenter (http://www.terremark.com/data-centers/americas/nap-americas.aspx), and also with customers such as http://www.syniverse.com/ and http://www.us.telefonica.com.
EDUCATION & EXPERIENCE
August 2009 - Present: Operations & QA Manager at Ogangi Corporation. August 2007 - August 2009: New Technologies Team Lead at Ogangi Corporation. September 2002 - August 2007: Senior Member of Technical Staff at Ogangi Corporation. August 2001 - August 2002: IT Consultant at Manapro Consultores. May 2000 - August 2001: Project Manager at Graffitix.com September 1998 - January 2000: Programming and Operating Systems Professor at IUTIN. July 2000: Sun Certified Java Programmer September 1994 - July 1998: Department of Physics at Universidad de Los Andes.
SPECIFIC QUALIFICATIONS INCLUDE:
• Bachelors Degree Computer Science, or Engineering – MBA is not
mandatory, but a plus.
• 5+ years of successful software technology management experience.
• Superior written and oral communicator who is a strong, out-going leader
and builder of consensus.
• Located in Miami, Florida.
Thanks for the comments on the L-1A, we had not considered it before. How about the I-140 application?
my answers in [*OA:*] below:
To qualify for L-1 classification in this category, the employer must:
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).
I think the only option is EB-3: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=74da83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=74da83453d4a3210VgnVCM100000b92ca60aRCRD
You will notice a date on the 2nd chart under the EB-3 section and that is 01JAN09. This means that only I-140s filed on or before January 1, 2009 can now be used to immigrate to the U.S. So if you filed for your employee now in 2013, it will take about 4 and a half years or so for 2009 to get to 2013. I am truly sorry but that is a waiting line of people that have applied before him and nothing in the law allows for anyone to jump ahead of anyone else, not even in an emergency. So basically, if he wants to come to the U.S. and stay, he would need an L-1A or L-1B to start him off and give him legal status and then you file the I-140 (or file it at the same time) and he would be able to have legal status in the U.S. on the L which he waits the 4 to 5 years for the I-140 process.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
One last comment, based on the info provided, your recommendation between applying for a L-1A or L-1B?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).