A few weeks ago, a client of ours, the CEO of a Chinese tech company planning to open a U.S. subsidiary, encountered an RFE during his L-1A petition. The USCIS officer requested more detailed proof of the qualifying relationship between the foreign parent and the U.S. branch, as well as clarification on the executive’s managerial role. This case highlighted a broader trend we’ve seen across many L-1 and EB-1C filings in the past year.

From our practical experience, USCIS has intensified scrutiny on organizational charts and intra-company relationship documentation, especially for Chinese enterprises expanding to the U.S. market. According to 8 CFR §214.2(l)(1)(ii), the petitioner must clearly establish the qualifying relationship between entities and the executive’s capacity. Our recent cases showed that incomplete or generic org charts often trigger RFEs, delaying approvals by months.

In one example last quarter, among 15 EB-1C petitions we handled, 5 received RFEs demanding granular evidence of the executive’s direct reports and decision-making authority. We advised our client to supplement with detailed position descriptions, board meeting minutes, and payroll records, which eventually led to approval without further delays.

Attorney Insight
Given the current USCIS environment, we recommend two concrete actions: first, before filing, companies should invest time in preparing comprehensive organizational charts that clearly delineate reporting lines and subsidiary relationships. Second, consider submitting premium processing (Form I-907) where eligible, especially for L-1A and EB-1C petitions, to reduce waiting times from 6-8 months to 15 calendar days.

Furthermore, for EB-1C cases, we remind clients to verify that the U.S. entity meets the criteria of doing business continuously for at least one year (see USCIS Policy Manual, Volume 6, Part F), as failure here is a common denial reason. We’ve recently helped a manufacturing client restructure their U.S. operations documentation to meet this standard, avoiding an RFE.

In conclusion, for corporate executives and investors pursuing L-1 or EB-1C visas, the current USCIS focus means you should proactively strengthen your evidence package and consider premium processing to save time. Log in to your USCIS online account to check your receipt notices and track any RFEs promptly. Communicate closely with your HR and legal teams to prepare robust materials before submission.

This approach will help you avoid common pitfalls, reduce processing times, and increase the likelihood of approval. From our perspective, these steps are critical to navigating USCIS’s evolving standards and securing a smooth path to U.S. work authorization and permanent residency.