A recent case involving one of our EB-1C clients highlighted the growing scrutiny USCIS applies to past criminal offenses, even those from many years ago. This client, a senior executive transferring from China to the U.S., disclosed a decade-old misdemeanor during the visa process. Although it was a minor offense, the USCIS officer requested extensive additional documentation, leading to a six-month delay.

From our practice, we observe that USCIS has increasingly integrated background checks and past criminal history reviews into the adjudication of employment-based visas, including L-1 and EB-1C categories that our clients frequently use. According to 8 CFR §214.1(e), any applicant found inadmissible due to criminal grounds must either qualify for a waiver or face denial. Even old offenses without recent legal consequences can trigger Requests for Evidence (RFE) or Notices of Intent to Deny (NOID).

For Chinese corporate executives and investors, this means that any past legal issues—whether traffic violations, minor theft, or other misdemeanors—cannot be overlooked. In particular, EB-1C petitions require demonstrating "managerial or executive capacity" under INA §203(b)(1)(C), and USCIS may question the applicant's "good moral character" as part of the evaluation.

Attorney Insight
Based on our experience handling over 150 L-1 and EB-1C cases in the last two years, we recommend the following actionable steps:
  1. 1Conduct a thorough background check before filing. We advise clients to obtain certified police clearance certificates from all jurisdictions where they have lived or worked. This helps identify any potential issues proactively.
  1. 1Prepare a detailed, honest written explanation for any offenses, including court documents, proof of rehabilitation, and character references. This documentation should be submitted with the initial petition to avoid prolonged RFEs.

We also note that for EB-5 investors, while USCIS focuses more on source of funds and project eligibility, any criminal history can complicate the I-526 or I-829 petition approval. Early disclosure and waiver applications under INA §212(h) or §212(i) are essential to smooth processing.

In one recent case, a client’s failure to disclose a minor DUI from eight years prior led to an RFE that delayed his L-1B visa renewal by four months, impacting project timelines. After we intervened with comprehensive evidence and legal arguments citing the USCIS Policy Manual on criminal grounds, the visa was approved without further delay.

Attorney Insight
In summary, from our firm’s perspective, ignoring or underestimating old offenses is a costly mistake. We encourage clients to be transparent and proactive. Check your records now, gather supporting evidence, and work with your attorney to prepare a strong submission package. This approach significantly improves your chances of a timely and successful visa outcome.

What does this mean for you? If you have any past legal issues—even minor ones—don’t wait until USCIS raises questions. Take action today by obtaining background checks and preparing explanatory documents to accompany your visa petition.