A recent inquiry from one of our corporate clients highlighted the practical challenges brought by ongoing USCIS policy changes affecting multinational executives and investors. This client, an established Chinese company planning to expand its US presence, was concerned about the impact on L-1 and EB-1C visa processing timelines and evidentiary requirements.
Based on our extensive casework—handling over 200 L-1 and EB-1C petitions in the past year alone—USCIS has tightened scrutiny on the qualifying relationship between foreign and US entities, as well as on the executive/managerial capacity of the beneficiary. According to 8 CFR 214.2(l)(1)(ii), the petitioner must clearly demonstrate a direct parent, branch, affiliate, or subsidiary relationship. We have seen an uptick in RFEs requesting detailed corporate organizational charts and evidence of control. For example, last quarter, a fintech client’s L-1B renewal was delayed due to insufficient documentation of the US affiliate’s operational activities.
For EB-1C petitions, the evidentiary bar remains high but manageable. Per INA §203(b)(1)(C), the petitioner must prove the beneficiary has been employed abroad in a managerial or executive role for at least one year in the past three years. We have observed that USCIS increasingly requests proof of actual managerial duties rather than just titles. In one recent case, our client’s EB-1C petition was approved after we supplemented the filing with organizational charts, performance reviews, and letters from supervisors clarifying the beneficiary’s responsibilities.
Two immediate action items for our clients: first, review your corporate structures and beneficiary roles against USCIS definitions and prepare supplemental evidence before filing or renewing petitions; second, for EB-5 investors, engage with project developers early to verify TEA status and secure comprehensive financial documentation. These steps can materially reduce RFE risks and expedite processing.