WEI LAI DEVELOPMENT LLC v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

Good Law
United States District Court, Central District of CaliforniaMay 24, 20212:21-cv-04611California3,819 words

Opinion

trial_court Opinion

I. BACKGROUND

When evaluating a motion to transfer to a different venue, “a court should only consider undisputed facts supported by affidavits, depositions, stipulations, or other relevant documents.” One on One Basketball, Inc. v. Glob. Payments Direct, Inc., 38 F. Supp. 3d 44, 48 (D.D.C.

2014). The Court therefore draws the relevant facts from uncontested allegations in the complaint and a declaration submitted by Catherine C. Bowie, who recently “led the headquarters consolidation efforts” and “physical relocation” of USCIS, Dkt. 14-1 at 1 (Bowie Decl. ¶ 1). “On November 4, 2019, Wei Lai-USA filed a[n] [I-129] petition for nonimmigrant worker upon behalf of Lin Han to classify her as an intracompany transferee manager with a concurrent request to change her nonimmigrant status to L-1A.”1 Dkt. 1 at 3 (Compl. ¶ 8a).2 As Plaintiffs explain, “Ms. Han had, at the time of filing, been employed for over two years by Harbin Jin Mao Cheng Public Facility Co., Ltd. (Jin Mao-China)”—which is “an affiliate of Wei Lai-USA”—“as its Deputy General Manager.” Id. (Compl. ¶¶ 8b–9). “The petition filed by Wei

Lai-USA offered to employ Ms. Han in the United States in a position in which…

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