New USCIS Evidence Rules for L-1 Visas
Kari Foss-Persson 24.08.2026 min read
Why complete documentation matters more than ever
Companies filing L-1 petitions should pay close attention to a significant USCIS policy change that took effect on August 5, 2026. USCIS officers now have broader discretion to deny petitions that lack required evidence without first issuing a Request for Evidence. For L-1A, L-1B, and especially New Office L-1 cases, companies should ensure that the initial petition fully documents every eligibility requirement.
USCIS changes its RFE policy
On August 5, 2026, USCIS issued Policy Alert PA-2026-05, changing its guidance concerning evidence, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs).
Under the new policy, USCIS officers have greater discretion to deny an immigration benefit request when required initial evidence is missing or when the submitted evidence fails to establish eligibility. USCIS does not necessarily have to issue an RFE first.
This is particularly relevant to L-1 petitions, which are filed with and adjudicated by USCIS.
Why L-1 cases can be vulnerable to evidence problems
The L-1 category allows qualifying multinational companies to transfer certain executives, managers, and specialized-knowledge employees to the United States. An L-1 petition can appear straightforward while actually involving several separate legal and evidentiary requirements.
Depending on the case, the company may need to establish:
- a qualifying corporate relationship between the foreign and U.S. entities;
- the beneficiary’s qualifying employment outside the United States;
- the nature of the beneficiary’s foreign position;
- the proposed U.S. position;
- continuing business operations;
- ownership and control of the relevant entities; and
- the company’s organizational and staffing structure.
It is not sufficient merely to describe these elements in a support letter. The underlying documentation should support the company’s representations.
L-1A managers and executives: Job titles are not enough
For an L-1A manager or executive, one of the most important issues is the employee’s actual role. A title such as CEO, Managing Director, Vice President, General Manager, or Head of Operations does not automatically establish L-1A eligibility.
USCIS evaluates the employee’s actual duties. The petition should therefore clearly explain what the beneficiary will do in the United States, how much authority the individual will exercise, where the position sits within the organizational hierarchy, and who will perform the company’s day-to-day operational work.
An organizational chart can be particularly useful, but only when it is consistent with payroll records, job descriptions, employment contracts, business plans, and other evidence.
New Office L-1A Petitions Require Particular Care
The issue becomes even more important for New Office L-1A petitions. A foreign company establishing or expanding into the United States may initially have relatively few U.S. employees. The petition must therefore explain how the U.S. operation will develop and how it will support a qualifying managerial or executive position within the applicable period.
Evidence may include, depending on the circumstances:
- U.S. corporate formation documents
- ownership records
- capitalization evidence
- office lease documentation
- business plans
- financial projections
- organizational charts
- hiring plans
- contracts
- evidence of business activity
- foreign-company financial records
- documentation concerning the beneficiary’s foreign role
Filing while major elements of this documentation remain unavailable is now potentially more dangerous.
L-1B specialized knowledge cases are also affected
The same USCIS evidentiary policy applies to L-1B specialized knowledge petitions. An employer generally needs to do more than state that an employee has unique or important knowledge.
The petition should explain what the specialized knowledge consists of, how it was obtained, how it relates to the company’s products, processes, procedures, services, research, equipment, management, or other interests, and why the employee’s knowledge satisfies the applicable L-1B requirements. Objective documentation supporting these claims can be critical.
Consistency across the petition is essential
Another common risk in L-1 cases is inconsistent information. For example, a petition may state that an employee is a senior manager while the organizational chart suggests that the employee primarily performs operational duties. Or the support letter may describe one ownership structure while corporate records show another.
Companies should therefore compare Form I-129, the L Classification Supplement, support letters, organizational charts, employment agreements, corporate records, payroll evidence, resumes, prior immigration filings, and business plans. Dates, job titles, ownership percentages, reporting lines, employee numbers, and descriptions of the beneficiary’s duties should be accurate and consistent.
Do not plan around an RFE
Under the previous USCIS approach, a company might have expected that an evidentiary deficiency would lead to an RFE. That expectation is now risky. USCIS may still issue an RFE, but the agency has restored broader discretion to deny certain deficient filings without one.
Companies should therefore ask before filing: Could USCIS approve this L-1 petition based entirely on the documents we are submitting today?
RFE deadlines may be shorter
Even where USCIS does issue an RFE, companies should be prepared to respond quickly. USCIS has clarified that the regulatory 12-week period is a maximum, rather than a response period applicants should automatically expect.
A shorter deadline can be particularly challenging in multinational cases where evidence must be obtained from foreign HR departments, accountants, banks, corporate registries, or company leadership. Preparing a complete initial record reduces this risk.
What should L-1 employers do now?
Companies preparing an L-1 petition should conduct a detailed evidentiary review before filing. For each L-1 requirement, identify the legal requirement, the relevant facts, and the supporting evidence.
The petition should then be reviewed as a complete record rather than as separate forms and exhibits. This is particularly important for companies using the L-1 category as part of a broader U.S. expansion strategy.
The bottom line for L-1 applicants
USCIS has not changed the basic statutory requirements for an L-1 visa through this August 2026 policy. It has changed the procedural risk associated with an insufficient initial filing.
For L-1A managers and executives, L-1B specialized-knowledge employees, and companies establishing New Offices in the United States, comprehensive preparation at the beginning of the process has become even more important. The goal should be to submit an approvable L-1 petition on day one, not to rely on an RFE to complete the case later.
Planning an L-1 transfer to the United States?
If your company is considering transferring a manager, executive, or specialized-knowledge employee to the United States, careful preparation of the L-1 petition is increasingly important. We assist German and international companies worldwide with L-1A, L-1B, and New Office L-1 petitions, including reviewing corporate structures, qualifying relationships, organizational charts, job descriptions, business documentation, and the evidence required to support the petition. We are happy to support your company with its U.S. immigration and expansion plans.
If you or your team needs support, please let us know – WINHELLER’s US-Desk is happy to support.
Kari Foss-Persson
U.S. Attorney at Law (MN, USA) specialized in U.S. immigration and visa law
Over 10 years of experience in U.S. immigration law; Kari personally guides individuals and businesses through the entire visa process – in German and English.
