How Officers Evaluate Intracompany Transfers
L-1 is not about investment—it’s about organizational reality.
L-1 QUALIFYING RELATIONSHIP (Hard Stops)
- Foreign–U.S. Entity Link
- Parent, subsidiary, affiliate, or branch
- Ownership/control clearly documented
High risk: Informal or undocumented relationships.
- One-Year Employment Requirement
- Employed abroad for 1 full year within last 3
- Role abroad was managerial or executive
High risk: Insufficient foreign employment history.
L-1 U.S. BUSINESS VIABILITY
- Active Foreign Business
- Foreign entity is operational
- Revenue, staff, and clients exist
High risk: Dormant or paper foreign company.
- U.S. Business Readiness
- S. entity is real and operating or launching
- Office, lease, infrastructure in place
High risk: “Shell” U.S. office.
L-1 ROLE ANALYSIS (Most Scrutinized Area)
- Executive / Managerial Duties
- Primary duties are strategic
- Applicant manages people or functions
- Minimal hands-on execution
High risk: Job description reads operational.
- Organizational Structure
- Org chart supports executive role
- Subordinates exist or are credibly planned
High risk: Flat org with no managed staff.
L-1 BUSINESS PLAN & FINANCIALS
- L-1-Specific Business Plan
- Focuses on staffing, structure, growth
- Not investment-focused
- Supports managerial need
High risk: Investor-style plans.
- Growth & Staffing Logic
- Hiring supports executive oversight
- Timeline aligns with business scale
High risk: Hiring that doesn’t justify the role.
L-1 Risk Summary
L-1 denials usually stem from:
- Role misclassification
- Weak org structure
- Inactive foreign entity
