Full Video Transcript
Today’s success story is about an executive manager coming to the United States to open a brand new office.
This was a very difficult case.
The client originally wanted to apply for an E-2 treaty investor visa, but after analyzing everything, we determined they did not qualify. That meant we had to pivot. The only viable option left was the L-1A.
The challenge was funding.
The client invested just under $100,000 to start the U.S. company. At the time of review, there was only $12,000 left in the business bank account.
Then the Request for Evidence arrived.
It was issued by a director and it was brutal.
They did not accept the evidence of one year of qualifying employment abroad. They said a letter from HR was not enough.
They also challenged whether the U.S. company would be able to support an executive or managerial role within one year. It was not enough, in their view, to show that the company would survive for a year. It was not enough to show some activity or a few employees.
USCIS wanted proof that within one year, the organization would be large enough to justify an executive role.
They requested many documents, including letters from the foreign company, feasibility studies, a business plan, minutes from the foreign company discussing U.S. expansion, a proposed organizational chart, and more.
They also questioned the size of the investment and the financial ability of the foreign company to support both the U.S. business and the beneficiary.
They challenged the physical office as well.
They asked for the lease agreement. When we provided it, they explained why they believed it was not sufficient. They then requested additional evidence, including statements from the worksite, letters from the property management company, copies of contracts, photos of the office, escrow documents, floor plans, and interior design plans.
They also challenged ownership and control, asking for contracts, assignments, share records, and statements from the foreign entity.
The RFE went on for eight pages.
At that point, we had to make a strategic decision about how to respond.
One approach would have been to respond with volume. If USCIS gives you a ten-page RFE, you give them a forty-page response and try to prove, beyond any doubt, that the case is approvable.
But after carefully reading the RFE, it was clear the officer was challenging everything. And the client simply did not have that much additional documentation to provide.
So we chose a different strategy.
We quoted the law back to the officer.
We explained what is required by regulation and what is optional. USCIS can request many things, and that is fair, but the client does not have to provide everything if it is not legally required.
We reiterated what had already been submitted. We provided a few additional documents in each category where possible. We cited the policy manual. We cited case law. We explained what the officer is supposed to be adjudicating.
By the very nature of a new office, certain documents do not exist yet. The regulations recognize that.
When clients have a lot of evidence, we can use a lot. But in this case, they did not. There was only $12,000 in the bank account.
We explained why certain documents did not exist. We explained what did exist. We submitted targeted additional evidence and made the legal argument.
Then we waited.
You never really know how these cases will be decided, especially given changes in administration and adjudication trends.
We were very pleased to announce that the case was approved.
This case was handled by Andy’s team, and we are very proud of the work.
We also believe USCIS is using a new template to challenge L-1 cases, and now we have a strong template for how to respond.
If you have questions about L-1A or EB-1C cases, feel free to reach out. Thank you.
Client Profile
Executive Manager opening a U.S. New Office under the L-1A visa
This success story is for executives and business owners who want to expand their company to the United States but worry their case is too new, too small, or too underfunded.
Our client was an executive manager tasked with opening a brand new U.S. office. The goal was to transfer to the United States under the L-1A new office category and lead the company’s growth.
What made this case difficult was not the role or the intent. It was the numbers.
The Situation
At first, the client explored an E-2 treaty investor visa. After carefully reviewing the facts, we concluded they did not qualify. That was disappointing and stressful. Time had already passed, and expectations had to shift.
The only viable path forward was an L-1A new office petition.
The challenge was funding.
The total investment into the U.S. company was just under $100,000. By the time USCIS reviewed the case, only $12,000 remained in the business bank account.
For many clients, this is the moment doubt sets in.
- Is this enough?
- Did we invest too little?
- Will USCIS deny the case before the business even has a chance to grow?
Those fears became very real when the Request for Evidence arrived.
The Legal Challenge
The L-1A new office RFE came directly from a director at U.S. Citizenship and Immigration Services.
It was long.
It was detailed.
And it challenged almost everything.
USCIS questioned:
Whether the client truly worked in an executive or managerial role abroad
Whether one year of qualifying employment was properly documented
Whether the U.S. company could support an executive role within one year
Whether the investment was sufficient
Whether the lease and office space were real and adequate
Whether ownership and control were clearly established
The RFE requested dozens of documents, including business plans, feasibility studies, board minutes, organizational charts, lease records, photos of the office, escrow documents, financial records, and ownership evidence.
The RFE totaled eight pages. For the client, it felt overwhelming.
They did not have everything USCIS asked for. And more importantly, much of what USCIS requested simply did not exist yet because this was a new office.
The Strategy and Process
At this stage, there are two ways to respond.
One is to respond with volume.
Flood USCIS with paper.
Provide everything imaginable and hope something sticks.
But that approach does not always help, especially in L-1A new office cases.
Instead, we focused on the law.
Our response to the L-1A new office RFE was carefully crafted to:
Explain what the regulations actually require for a new office
Distinguish between what USCIS may request and what is legally necessary
Clarify why certain documents did not yet exist
Reaffirm evidence that had already been submitted
Add targeted documents where they strengthened the case
We quoted the policy manual.
We cited case law.
We explained the nature of a new office and how it is meant to be evaluated.
Most importantly, we reframed the issue.
This case was not about whether the company was already large.
It was about whether, within one year, the company would be structured in a way that justified an executive role.
That is the correct legal standard for an L-1A new office case.
The Emotional Journey
Throughout this process, the client was under immense pressure.
They had already pivoted from one visa strategy to another.
They had invested most of their available capital.
They were trying to build something new in a new country.
The RFE felt like a wall.
Our role was not only to respond legally, but to give the client clarity and reassurance. To explain what mattered, what did not, and why the case was still viable.
That clarity made it possible to move forward.
The Outcome
Despite the limited investment and the small remaining bank balance, the L-1A new office RFE was approved.
The client can now move forward with confidence, lead the U.S. operation, and continue building the business as planned.
This case also gave our team a clear framework for responding to similar L-1A RFEs, especially as USCIS appears to be using more aggressive templates in new office cases.
Key Takeaways
This case highlights important lessons for executives and business owners:
An L-1A new office RFE does not mean denial
A smaller investment does not automatically fail a case
New offices are judged under a different legal standard
Strong legal analysis matters more than document volume
Clear storytelling and credibility are critical
If you are an executive manager or business owner facing an L-1A new office RFE, or planning an L-1A or EB-1C case, this story shows that approval is still possible even when the case feels stacked against you.
Understanding the law and telling the story correctly can change the outcome.
Do you have any immigration questions? We’re here to help. You can book a 1h Consultation with one of our Attorneys here.