Why the L-1 Visa Matters to Petitioners, Employers, and U.S. Citizens

L-1 Visas enable employees to transfer from a foreign office to a U.S. location.

Authors: Zachary Johnson, Maialen Herreros, Federico Hurtado

• L-1 visas support intracompany transfers, offering benefits to petitioners, employers, and U.S. citizens alike

• USCIS’s mission is to ensure integrity and fairness, requiring objective documentation to confirm compliance with visa requirements.

• Common challenges include questions of business viability, managerial vs. operational roles, and insufficient or inconsistent evidence.

• Data and law firm observations show high RFE rates, highlighting the importance of comprehensive documentation.

• ProfVal addresses these challenges by providing business plans, expert opinion letters, and third-party support, aligning petitions with USCIS evidentiary standards.

• Insights are provided by two very capable attorneys, Matthew Silver (silverimmigration.com) and Kristyan Quadros-Ragar (santoslloydlaw.com).

  
  

The L-1 visa creates value for employers, beneficiaries, and even U.S. citizens.

For beneficiaries, the L-1 visa can provide an opportunity to contribute specialized skills or managerial expertise to their employer while living in the United States - thus, it can be life changing.

For multinational employers, the L-1 visa can enable a smooth transition from a foreign office to a U.S. one. Key employees, either managers (L-1A) or those with specialized knowledge (L-1B), enable an efficient or more successful opening of U.S. offices.

Indeed, this transfer of talent often allows businesses to expand their American presence more effectively (CNN Business; NY Times Immigration Coverage).  As attorney Matthew Silver notes, “I have seen many small businesses grow after using the L-1 program. The great benefit of the L-1 process is that it is fast. Many of the other visa routes are not practical for small business owners as they are too lengthy.”

For U.S. citizens, the L-1 visa program has broader economic effects: it can foster new business development, spur local hiring, and strengthen competitiveness.  Kristyan Quadros-Ragar, Partner at Santos Lloyd Law Firm, P.C.,  explains that “employers and U.S. stakeholders have benefited in several meaningful ways. From a business perspective, L-1 petitions are generally processed more quickly than many other visa categories, enabling companies to transfer essential employees to the United States without significant delays.”

While some argue that the full benefits of L-1 visas are not as high as intended or claimed (EPI), there is considerable bipartisan evidence that the L-1 visa creates benefits to U.S. citizens:

L-1 Visa approvals can create jobs for U.S. workers too.

• The BBC has highlighted that L-1 intracompany visas allow firms to bring proprietary expertise into the U.S., which in turn drives innovation and creates downstream opportunities for American workers (BBC News). 

• The Cato Institute (a right-leaning think tank) argues that restricting the L-1 visa program would harm job and wage growth in the United States (Cato). 

• The Center for American Progress (a left-leaning think tank) has argued that employment-based immigration, including intracompany transfers, is vital for maintaining U.S. economic strength and innovation (Center for American Progress)

Taken together, these views highlight that the L-1 visa directly shapes how companies grow and compete both within the United States and globally - at least when the rules and goals align with regulations.

Understanding USCIS’s Role and Goals for L-1 Visas

While petitioners and employers view the L-1 as an avenue that creates reciprocal benefits for employers, employees, and U.S. citizens, USCIS’s responsibility is to safeguard the integrity of the immigration system, which is to ensure that every petition meets the intent of the law: facilitating legitimate intracompany transfers that support the U.S. economy. 

Adjudicating officers rely on objective, well-documented evidence to confirm that both the employer and the beneficiary are acting within the framework of the visa. 

This emphasis on credible documentation helps protect U.S. workers, ensure fair competition, and maintain public trust in employment-based immigration.  Given how political immigration can be when things go wrong, it is perhaps unsurprising that USCIS agents have so much discretion in their decisions.

Sometimes, this can result in frustrating RFEs or Denials… even for seemingly strong petitions.

Why are L-1 Visa RFEs so Common? An Examination of the Causes

When applying for an L-1 intracompany transferee visa, many petitioners are surprised to receive a Request for Evidence (RFE). Even well-prepared petitions are not immune, as the U.S. Citizenship and Immigration Services (USCIS) has heightened its scrutiny of these filings in recent years.

According to USCIS data, L-1 petitions have historically experienced high RFE issuance rates, sometimes approaching 50% of filings (USCIS RFE Data).  We’ve broken these causes into three categories, listed next:

Business Concerns

Business concerns generally relate to the employer. A Business Plan can provide supportive evidence to reduce the probability of receiving an RFE or responding to one.

• Failure to Establish a Qualifying Relationship: USCIS often questions whether the U.S. entity is sufficiently related to the foreign parent, subsidiary, or affiliate (USCIS Policy Manual, Vol. 2, Part L, Ch. 3). 

• Small Company Concerns: The American Immigration Lawyers Association (AILA) has noted that petitions from newer or smaller entities may face additional scrutiny regarding business viability, organizational structure, or operational capacity (AILA Practice Advisory).

Matthew Silver highlights this challenge, adding that “the L-1 application is very document intensive – application packages average 300 pages. If any document is missing, the application will not be approved. As such, having an attorney in your corner ensures all your T’s are crossed and I’s are doted.”

Concerns Related to the L-1 Visa Role

Role concerns generally relate to the employee, and whether their role meets the requirements for executive/managerial capacity (L-1A) or for specialized knowledge (L-1B). Sometimes, an L-1 Expert Opinion Letter can be used to assess the requirements.

• L-1A (Executives/Managers): USCIS may argue that the position does not clearly meet the statutory definition of managerial or executive capacity. This often arises when an individual performs operational tasks rather than primarily overseeing people or directing key functions (USCIS Policy Manual, Vol. 2, Part L, Ch. 3). 

• L-1B (Specialized Knowledge Workers): A common challenge lies in proving that the knowledge is proprietary and unique to the company. USCIS regularly dismisses general IT or business skills as insufficient (USCIS Specialized Knowledge RFE Template). 

Kristyan Quadros-Ragar explains how supporting documents can help: “A detailed Business Plan or L-1 Expert Opinion Letter helps make an L-1 petition stronger by clearly showing USCIS that the U.S. company is legitimate and has the ability to support the transferee. The Business Plan outlines the company’s structure, goals, and growth, while the Expert Opinion Letter provides independent confirmation that the position and the employee meet L-1 requirements.”

Concerns Related to the Evidence

• Insufficient or Self-Serving Documentation: USCIS may discount evidence consisting solely of internal company letters or assertions without third-party corroboration (AILA 2021 Advisory)

• Inconsistencies: Discrepancies in job duties, organizational charts, or addresses can lead to heightened scrutiny (USCIS Policy Manual). Comprehensive business plans and carefully reviewed documentation can help provide consistency across all materials.

• Incomplete Documentation: Missing translations, unsigned forms, or omitted supporting materials are common triggers for RFEs (NeJame Law, Wasden Immigration Law). Supplementing with letters of interest from potential clients and a full evidentiary package can help address these shortcomings.

For companies and employees, RFEs are costly and stressful. 

They delay adjudication, increase expenses, and in some cases, derail transfers entirely (USCIS Processing Times).

How ProfVal Supports Petitions for L-1 Visas

At ProfVal, we specialize in providing independent, credible, and objective evidence that strengthens both initial filings and RFE responses:

• Immigration Business Plans: Developed in collaboration with GuidedVenture.com to align with immigration criteria, our plans illustrate U.S. growth strategies, staffing models, and corporate structures, addressing USCIS’s concerns about qualifying relationships and viability (USCIS Policy Manual, Vol. 2, Part L, Ch. 4, 

• Expert Opinion Letters (EOLs): Authored by professors and industry experts, these letters provide independent validation of specialized knowledge or managerial authority, often proving decisive in RFE contexts (USCIS Adjudicator’s Field Manual, Ch. 32

• Peer Support Letters & Letters of Interest: Supplemental documentation from peers, industry partners, or potential clients can demonstrate market demand and the indispensability of the beneficiary’s role (USCIS Evidentiary Requirements). We don’t offer signatures on these letters, but instead help with drafting that can be shared and modified with your clients or contacts.

While each petition is decided on a case-by-case basis, supplying immigration business plans, expert opinion letters, and third-party letters can help address issues that commonly trigger RFEs.

Attorneys Referenced:

• Kristyan Quadros-Ragar (santoslloydlaw.com) Kristyan (“Kris”) Quadros-Ragar serves as the strategy attorney for Santos Lloyd Law Firm’s employment-based immigration department. She leads with precision, thoughtfulness, and creativity, focusing her practice on representing individuals of extraordinary and exceptional ability. Her clients include artists across diverse disciplines, professional athletes, seasoned entrepreneurs, and innovators launching startups in the United States. Kris is admitted to the State Bar of California and is a proud member of the American Immigration Lawyers Association (AILA).

• Matthew Silver (silverimmigration.com) Matthew Silver is the founder of Silver Immigration, a Montreal-based law firm dedicated to helping workers, executives, and business owners secure status to live and work in the United States. He is an active member of AILA Canada and has served on its Executive Committee, reflecting his commitment to advancing the field of immigration law. His practice emphasizes accessible, client-focused representation for individuals and organizations navigating the U.S. immigration system.