The L-1 visa allows multinational companies to transfer managers, executive and specialized knowledge workers to the U.S. from abroad. The employee must have worked for the company abroad for at least one year out of the last three years and the company abroad must have a qualifying corporate relationship with the U.S. company. Both companies must be doing business
Although the L-1 is a great visa to facilitate the transfer of employees to the U.S., the process requires a significant amount of documentation, as U.S. Citizenship & Immigration Services (USCIS) takes a strict view of who qualifies as an executive, manager and specialized knowledge worker. For a few years, around 2019-2021, the rates of Requests for Evidence (RFE) were exceptionally high for the L-1 (around 50%), but in recent years they have fallen and are currently closer to 24-25% as of this writing in 2026. While that is a significant improvement, it is still important for L-1 petitions to be prepared carefully to minimize the risk of a Request for Evidence or a denial.
- Clearly select one L-1 category (executive, manager or specialized knowledge worker) and align job duties with that specific regulatory definition.
- Thoroughly document the qualifying corporate relationship with evidence such as ownership records and a clear corporate structure chart, especially for complex structures.
- Ensure consistent information across all corporate documents, including organizational charts, job descriptions and payroll records, to maintain credibility with USCIS.
Key Strategies to Strengthen Your L-1 Visa Petition
Below we discuss some common mistakes on L-1 petitions that increase the risk of RFE or denial and how to avoid these mistakes to prepare a successful petition.
Mistake 1: Conflating L-1 Visa Executive and Managerial Categories
Conflating the executive and managerial categories. Each L-1 category (executive, manager and specialized knowledge worker) has a specific definition in the regulations. It is a mistake to argue that the job duties qualify under both executive and manager and this will usually lead to USCIS issuing an RFE and asking for clarification on whether the applicant qualifies as an executive or a manager. Notably, it does not work to argue that the job duties are 50% managerial and 50% executive. It is important to pick one category and make the strongest argument you can based on the specific regulatory definition of manager or executive.
Mistake 2: Not Sufficiently Documenting the Qualifying Corporate Relationship
Not sufficiently documenting the qualifying corporate relationship. A key L-1 requirement is that the company abroad must have a qualifying relationship with the U.S. company. Qualifying relationship means a parent, subsidiary, branch or affiliate relationship and the regulations define what this means for immigration purposes. It is important to assess the corporate relationship in light of these definitions to make sure it will qualify for L-1 purposes and that the appropriate documentation is included. If there is a complex corporate relationship, a corporate structure chart is also important to help the officer understand the relationship.
Mistake 3: Providing Inconsistent Information Across Corporate Documents
Providing inconsistent information. As part of the supporting documentation for the L-1 petition, companies need to provide organizational charts, job descriptions, payroll information and other proof regarding the company’s hierarchy, structure and employee roles. Especially in smaller companies, job titles and descriptions may be fluid and even inconsistent between various types of corporate documentation. However, when submitting documentation to USCIS it is very important to be consistent, otherwise the officer may doubt the credibility and accuracy of the documents, which would increase the likelihood of a Request for Evidence.
Mistake 4: Assuming Non-Managerial Employees Automatically Qualify as Specialists
Assuming an employee who is not a manager or executive automatically qualifies as a specialist. Sometimes employers assume that any applicant who does not qualify as a manager or executive can be classified as a specialized knowledge worker on the basis of being skilled at their job. This is a significant misconception, as it is often harder and requires more documentation to prove that an employee qualifies as a specialized knowledge worker. To make a successful argument for this category, the employer needs to compare this worker to others within the industry at large and within the organization to show how the knowledge held by this worker is distinct or uncommon in comparison.
Partner with Experienced Counsel for Your L-1 Visa Petition
At Scott Legal P.C. we provide targeted guidance and support to help you develop a successful L-1 petition. We encourage you to schedule a consultation with our legal team to develop a strategy tailored specifically to your immigration and business goals.
