Pharma India (P-India) is a large Indian pharmaceutical company developing and manufacturing innovative and affordable products for both the domestic and international markets. To facilitate global operations, P-India has subsidiaries in the U.S. and Europe. Its U.S. subsidiary, Pharma-USA (P-USA), is actively engaged in successfully marketing its products throughout the North American market.
As part of its business expansion plans, P-India identified a lucrative market opportunity for "Active Pharmaceutical Ingredients" and "Solid Oral Dosage Forms" in the North American market and decided to set up a new division in the U.S. under its subsidiary, P-USA. P-India's management team had determined that the creation of the new division at P-USA would lead to significant growth opportunities for the company.
Transferring A P-India Executive To P-USA To Manage The New Division - The Challenges
To manage and develop the new division being set-up in the U.S., P-USA and P-India needed to transfer a senior manager at P-India who had significant managerial experience as well as advanced knowledge of their organization's products, processes, business priorities, marketing procedures and operations from India to the U.S. To this extent, P-USA identified an Assistant General Manager - Business Development at P-India to come to the U.S. and work as its Senior Regional Business Manager. The Senior Regional Business Manager would manage and develop its new division for marketing and distributing its APIs and Solid Oral Dosage Forms in the North American marketplace and securing strategic partnerships and alliances with U.S. based pharmaceuticals companies.
When P-USA approached Start Business In America seeking help to transfer the identified executive from P-India to P-USA, our attorneys quickly reviewed the circumstances to identify the challenges the situation presented. The transfer of an employee under an L-1 to manage a new division raised some issues. While both P-India and P-USA employed a considerable number of employees and had significant operations and revenue, P-USA did not have a significant number of employees working in the new division. Thus, the task of establishing a managerial or executive role for the proposed employee in his U.S. role became challenging.
Transferring A P-India Executive To P-USA To Manage The New Division – Strategy And Implementation
Our attorneys worked closely with P-USA to gather facts that would clearly articulate the managerial and executive nature of proposed transferee's role in the U.S. To help overcome the absence of a significant number of employees in the new division, our attorneys adopted a strategy to utilize the strength of the existing operations of both P-India and P-USA and highlight how the new division is envisioned by the large entities as a significant step in their expansion plans. Based on the information gathered, our attorneys helped P-USA successfully prepare a convincing petition, underlining how the nature of duties to be performed by the transferee in the U.S. is managerial and executive in nature, especially the importance of overseeing the strategic business development and transactional initiatives, including evaluation of business strategies, and significance of having a senior executive from India to set up and manage the new division on its way to profitability and growth. The comprehensive package prepared by our experienced attorneys addressed every possible query that could come up, resulting in the identified senior executive from P-India successfully obtaining an L-1A visa to come to the U.S. and manage P-USA's new division.
Extension of L-1 Status In The U.S. For The Indian Executive
Towards the end of the Indian Executive's tenure in the USA on an L-1 visa, while P-USA's new division had been adequately established, P-USA wanted him to continue in the U.S. and take up enhanced responsibilities and continue to guide the division and its operation for further expansion. To facilitate this need, Start Business In America helped P-USA successfully petition for and obtain an extension of stay for the Indian Executive, emphasizing how his enhanced responsibilities, which encompassed management, sales and marketing responsibilities, were critical to the successful implementation of further expansion and growth plans envisaged for the new division.
EB-1 Multinational Executive Green Card For The Indian Executive
When P-USA's new operations reached a substantial stage, P-USA desired to employ the Indian Executive of P-India in the U.S. on a permanent basis in an Executive capacity to enable him to remain the U.S. and guide the operations of the division in U.S. To facilitate this, our attorneys helped P-USA successfully file an Immigrant Visa Petition on behalf of the Indian Executive under the EB-1 Green Card Category for Multinational Executives and Managers, showcasing how his presence was critical for further growth of the operations and underlining his senior-executive status in the organization as reflected by the fact that there were only a handful of people above him in the organizational structure of the entire group worldwide. The complete package prepared by our experienced attorneys resulted in successful grant of EB-1 Green Card to the senior Executive from India, enabling him to reside permanently in the U.S. and contribute effectively to the growth of P-USA's operations.
Thus, Start Business In America successfully assisted an Indian pharmaceutical company realize its expansion plans by helping it set-up a new division in the U.S. and transfer an Executive of its choice to the U.S. to manage and lead the new division to profitable growth.
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