L-1 visa petitions are decided based on documentation. USCIS reviews whether the evidence clearly explains how the business operates, how the employee fits within the organization, and why the transfer is needed. When supporting records are unclear or incomplete, petitions are often delayed for additional review.
In fact, USCIS data from the second quarter of fiscal year 2020 showed that more than half of L-1 visa petitions received a Request for Evidence (RFE) during the initial review process. Understanding which evidence USCIS expects, and how that evidence is evaluated, can help employers avoid common documentation issues.
This article explains the types of evidence typically required for L-1 visa petition approval and how USCIS reviews that information.
What Makes a Strong L-1 Visa Petition
A strong L-1 visa petition focuses on clear, well-supported evidence that explains how the transfer works within the business. USCIS looks for proof that is specific, organized, and easy to follow. When these core elements are clearly documented, officers can better understand how the petition meets review standards.
The following sections describe the primary areas USCIS reviews as part of this evaluation:
1. A Clearly Documented Company Relationship
USCIS must see clear proof of how the foreign company and the U.S. company are connected. Ownership records, corporate charts, and control documents help show that the relationship meets L-1 requirements.
2. A Well-Defined Qualifying Role
A strong petition meets all L-1 requirements by clearly detailing the employee’s role. It should explain whether they hold a managerial, executive, or specialized knowledge position, outlining daily tasks, reporting lines, and decision-making responsibilities—not just the job title.
3. Evidence That Tells One Consistent Story
All supporting documents should align with the same business explanation. Consistent records help USCIS review the L-1 visa petition without confusion or follow-up questions.
4. Preparation That Reflects Real Operations
Strong petitions reflect early preparation. Organized records, clear job descriptions, and accurate business documents help show that the transfer supports actual business needs.
Together, these elements form the foundation of a strong L-1 visa petition and help USCIS clearly understand how the transfer fits within the company.
How USCIS Evaluates Core L-1 Requirements
USCIS reviews L-1 requirements in a specific order. Understanding this process helps companies prepare the right evidence from the start.
Step 1: Company Relationship
Officers confirm ownership and control between entities. Corporate charts, operating agreements, and share records are essential to meeting L-1 requirements.
Step 2: Employee Eligibility
USCIS checks whether the employee must have been employed outside the United States for at least one continuous year and held a qualifying role before applying for L-1 status. This step directly affects the L-1 visa petition review.
Step 3: Job Duties in the U.S.
Detailed descriptions must show real authority, not just hands-on daily tasks. They should explain how the employee will work in the United States—either in a managerial or executive role, or as an intracompany transferee with specialized knowledge. This is one of the most common problem areas in L-1 requirements reviews.
Step 4: Business Activity
Financial records, leases, and staffing plans show the employer has an office in the United States that is active or ready to operate, whether as a parent company, subsidiary, or affiliate. This is a common point reviewers examine closely during L-1 visa petition evaluations.
Taken together, these four steps show USCIS how the transfer fits within real business operations and supports the overall purpose of the petition, including a well-documented L1 intracompany transfer.
Proving the L1 Intracompany Transfer Relationship
A strong L1 intracompany transfer depends on proof, not assumptions. Each intracompany transferee must meet eligibility rules before they can obtain an L-1 or be admitted to the United States. USCIS expects records that are organized and easy to follow.
USCIS reviews several key documents to confirm the company and employee meet L-1 visa requirements:
- Ownership and control charts linking both companies
- Tax records and business registrations
- Proof of active operations abroad and in the U.S.
- Employment history showing qualifying service
- Detailed role descriptions for the L1 intracompany transfer
The L1 intracompany transfer must make business sense for both the employer and the transferee and fit within the allowed period of stay.
USCIS evaluates whether the U.S. role matches the company’s size and stage. For new offices, officers pay close attention to growth plans and staffing timelines.
Clear evidence of authority, supervision, and control helps USCIS better understand the L1 intracompany transfer.
Why the Boston Area’s Best Immigration Lawyers Focus on Personalized Strategy
Immigration counsel recognize that no two companies operate the same way. For employers in the Boston area, each L-1 visa petition must reflect the company’s specific business structure, whether the filing involves an individual petition on Form I-129 or qualification under a blanket petition program.
A personalized approach helps make sure the evidence matches how a company actually operates. This type of planning focuses on clear facts, accurate records, and realistic explanations that USCIS can easily review.
The comparison below highlights how a generalized filing approach differs from one tailored to a company’s specific circumstances.
Generic Filings
- Use standardized templates with limited customization
- Rely on general job descriptions and company information
- Apply the same documentation structure across different business types
Personalized Filings
- Prepared using the company’s specific ownership, operations, and reporting structure
- Incorporate role descriptions and documentation tailored to the business context
- Align supporting evidence with the company’s stated business activities and plans
For growing companies, planning often includes spotting documentation issues early and deciding how the employee will apply. Addressing these details before filing helps keep the petition clear and consistent.
Employers benefit from clear explanations and thoughtful preparation that accurately reflect how their business operates and how the transfer fits within those operations.
Work With Aga Asbury Immigration Law
We understand that preparing an L-1 visa petition can feel overwhelming, especially when business plans and immigration rules overlap. Aga Asbury Immigration Law helps employers organize evidence, explain job roles, and prepare filings that reflect how the business actually operates.
If you are looking for immigration lawyers serving the Boston area and need guidance with an L-1 transfer, contact Aga Asbury Immigration Law to schedule a consultation and discuss your situation.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney–client relationship with Aga Asbury Immigration Law or Aga Asbury. Every immigration case is unique, and you should consult directly with a qualified immigration attorney regarding your specific circumstances before making decisions.