Received an L-1 RFE?
An L-1 RFE may question the relationship between the U.S. and foreign companies, the beneficiary's qualifying employment abroad, the nature of the proposed U.S. position, whether the role is managerial or executive for L-1A, or whether the beneficiary possesses and will use specialized knowledge for L-1B.
Send Us Your L-1 RFESeveral independent elements must fit together.
Is the petition for L-1A or L-1B?
The two classifications share important threshold requirements, but the required U.S. role is fundamentally different.
Managers & Executives
L-1A is available for qualifying intracompany transferees who will work in the United States primarily in managerial or executive capacity.
- Personnel manager
- Function manager
- Executive capacity
- Qualifying foreign employment
- Qualifying U.S. and foreign organizations
Specialized Knowledge Employees
L-1B is available for qualifying employees whose work involves specialized knowledge relating to the organization's interests and who meet the other intracompany-transfer requirements.
- Special knowledge
- Advanced knowledge
- Company-specific expertise
- Qualifying foreign employment
- Qualifying U.S. and foreign organizations
An L-1 case begins before the U.S. job description.
USCIS may examine the multinational organization, the beneficiary's foreign employment, and the proposed U.S. employment independently.
Qualifying Relationship
The petitioner must establish the required relationship between the U.S. organization and the qualifying foreign organization, such as parent, branch, subsidiary, or affiliate relationships recognized by the L regulations.
Qualifying Work Abroad
The record must establish the required period of qualifying employment abroad with a qualifying organization before the transfer to the United States.
Qualifying U.S. Employment
The proposed U.S. role must satisfy the requirements of the requested L-1A managerial or executive classification or L-1B specialized knowledge classification.
What is USCIS questioning?
Qualifying Corporate Relationship
USCIS may request ownership records, organizational documents, share records, financial evidence, agreements, or other documentation showing how the U.S. and foreign entities are related and controlled.
One Year of Qualifying Foreign Employment
USCIS may question the period of foreign employment, the employing entity, interruptions in the employment history, or whether the foreign position had the required qualifying character.
Managerial Capacity
An L-1A RFE may conclude that the proposed duties appear primarily operational rather than managerial, or may question whether the beneficiary manages personnel or an essential function at the required level.
Executive Capacity
USCIS may examine whether the beneficiary primarily directs management, establishes goals and policies, exercises wide discretion, and receives only general supervision or direction from higher-level executives, owners, or a board.
Specialized Knowledge
An L-1B RFE may question what the beneficiary knows, why that knowledge is special or advanced, how it differs from knowledge generally found within the organization or industry, and why it matters to the proposed U.S. work.
Business Operations and Staffing
USCIS may examine the organizational structure, staffing, revenue, operations, subordinate employees, contractors, or other evidence to determine whether the business can support the claimed L-1 role.
Job titles do not establish managerial or executive capacity.
USCIS looks at the beneficiary's actual primary duties.
An RFE commonly focuses on whether the beneficiary will primarily manage the organization, a department, subdivision, function, or component rather than personally performing the organization's day-to-day operational work.
Personnel management cases may require evidence showing the level of the employees supervised and the beneficiary's authority over personnel or other qualifying management decisions.
A function-manager case requires a different analysis. The response should define the essential function, demonstrate its significance to the organization, and explain how the beneficiary will primarily manage that function at a senior level rather than personally perform it.
Organizational charts are therefore most useful when supported by specific evidence explaining what each relevant employee or department actually does.
What makes the beneficiary's knowledge specialized?
The response should move beyond labels and demonstrate the character and organizational value of the knowledge.
What Does the Employee Know?
Identify the products, processes, systems, methodologies, technologies, procedures, services, research, or organizational operations in which the beneficiary has developed the claimed knowledge.
Why Is It Special or Advanced?
Explain how the beneficiary's knowledge differs from knowledge ordinarily possessed by employees in comparable positions and provide objective comparison where possible.
How Was the Knowledge Acquired?
Training, project history, foreign assignments, product development, leadership responsibilities, internal certifications, or lengthy experience may help document how the expertise developed.
Why Is It Relevant in the United States?
Connect the specialized knowledge directly to the proposed U.S. assignment and explain how it will be used in the work described in the petition.
L-1 cases often depend on organizational evidence.
Ownership & Relationship
Corporate records, ownership documentation, financial records, organizational filings, agreements, and other documents may establish the relationship and continuing operations of the multinational organization.
Foreign Role & U.S. Role
Detailed duty descriptions, organizational charts, payroll records, employment records, reporting structures, project evidence, and subordinate information can help establish the nature of both positions.
Operations & Organizational Scale
Revenue records, contracts, customer evidence, staffing documentation, business plans, facilities, operational records, and similar evidence can show how the claimed role fits into the actual business.
Six principles for responding to an L-1 RFE.
Separate Each Eligibility Element
Do not blend the corporate relationship, foreign employment, and U.S. position into one generalized argument.
Describe Actual Duties
Percentages and job titles are stronger when supported by concrete examples of the work the beneficiary performs or will perform.
Use the Organization Chart as Evidence, Not Decoration
Explain the roles, hierarchy, reporting relationships, and business functions represented on the chart.
Connect Foreign and U.S. Employment
The response should clearly establish where, when, and in what capacity the beneficiary worked abroad and what qualifying role is proposed here.
Document the Business Behind the Position
The claimed role should make sense in light of the company's actual staffing, operations, organizational structure, and commercial activity.
Answer the Specific USCIS Concern
If USCIS questions function management, specialized knowledge, ownership, staffing, or another discrete issue, build the response around that finding.
L-1 RFE FAQs
Common questions after USCIS requests more evidence on an intracompany transferee petition.