Full Video Transcript
This L-1A case was denied twice, including once through our office.
The client came to us highly recommended. We filed the case, received a Request for Evidence, and it was denied. The client was completely disheartened. It felt like no matter what was submitted, the case could not get approved.
The Request for Evidence contained no meaningful feedback. It was entirely boilerplate language. We responded in detail, and the case was denied again.
We filed the case a third time.
Once again, we received a Request for Evidence. At this point, the client had very little confidence left. We prepared a completely custom response and submitted it.
Within three weeks, the case was approved.
This was a difficult L-1A new office case. The client was launching a small education company focused on tutoring. The investment was modest. The office was small. USCIS questioned how such a business could support an executive role within one year.
The concern was always the same. USCIS did not believe a small education startup could sustain an executive or managerial position.
In response, we submitted 18 supporting exhibits, explained through a 14-page attorney brief and approximately 150 pages of documentation.
These included an updated business plan, organizational charts, hiring plans, employment agreements, office lease, bank statements, insurance, market research, workflow documentation, and evidence of partnerships with private education providers.
The heart of the argument was job creation. This company hires U.S. teachers, especially those with expertise in AP coursework, and provides them with higher earning opportunities while improving educational outcomes.
This founder invested in the U.S. to create jobs for American educators. Denying the case would have ended that plan.
This was the third filing, and it was approved.
L-1A cases are becoming more difficult, especially for new offices. But they are not impossible. With the right structure, evidence, and strategy, they can succeed.
If you have questions about L-1A new office cases, feel free to reach out.
Background
This case involved the founder of a foreign education company seeking to enter the United States on an L-1A visa to launch a new U.S. office. On paper, it looked like a tough case from the start. A small startup. Limited initial investment. A service-based business. And two prior denials.
By the time the client came to us, the case had already been denied once elsewhere and once through our office. The second denial was especially discouraging. The Request for Evidence contained almost no substantive feedback. The denial relied on boilerplate language and did not meaningfully engage with the evidence submitted.
The client was devastated. After multiple attempts, it felt like no matter what was filed, USCIS simply would not believe the business could support an executive role.
The Legal Problem
Under the law, a new U.S. company must show that within one year it will support a managerial or executive position. For large companies, this is easier to prove. For a small education startup focused on tutoring, USCIS was skeptical.
The core issue was credibility. USCIS did not believe:
The business could scale quickly enough
The company could hire sufficient U.S. staff
The founder’s role would remain executive rather than hands-on
With two denials already on record, the third filing carried even more risk.
The Strategy and Solution
For the third filing, the approach changed. The focus was no longer volume, but precision.
We rebuilt the case from the ground up and addressed USCIS’s real concern: whether this business could sustain an executive role within one year.
The response included:
An updated and detailed business plan
A clarified organizational hierarchy
A one-year hiring roadmap tied to revenue projections
Employment agreements and onboarding documents
Office lease and U.S. bank statements
Insurance, corporate minutes, and operational workflows
Market research mapping how the company would grow
Evidence of partnerships with private education providers
In total, 18 carefully selected exhibits were submitted, supported by a 14-page attorney brief and approximately 150 pages of evidence.
The core argument was simple and concrete. This company was not just viable. It was creating jobs for U.S. teachers.
The business model focused on hiring American educators to provide specialized tutoring, including AP-level coursework. Many U.S. teachers seek supplemental income due to wage gaps in the education system. This startup created structured, well-paid opportunities for them while improving educational outcomes for students.
Denying the case would not just block an executive. It would dismantle a growing U.S. operation designed to employ American workers.
The Outcome
Three weeks after responding to the final Request for Evidence, the L-1A was approved.
This was the third filing. It followed two denials. And it succeeded because the case finally answered USCIS’s underlying concern in a way that was concrete, specific, and realistic.
Key Takeaways
Small startups can qualify, but scrutiny is high
Executive roles must be clearly separated from daily operations
Hiring plans must be realistic and well-documented
Refiling after denial requires a different strategy, not just more documents
L-1A cases are getting harder. But with the right structure and story, they are still very much possible.
Do you have any immigration questions? We’re here to help. You can book a 1h Consultation with one of our Attorneys here.