One of the most important conversations happening right now in business immigration is not about job titles.
It is about proof.
During the AILA RDC EMEA Spring Conference in Geneva, this issue surfaced repeatedly in discussions during sessions and in conversations afterward among attorneys discussing current adjudication trends in L-1A cases. Over the coming weeks, we will continue sharing some of the practical insights and recurring themes that emerged throughout the conference because many of these shifts are showing up in real adjudications long before they formally appear in written policy guidance.
Visa Business Plans attended the conference as the only company focused exclusively on immigration business plans, which created a unique opportunity to hear firsthand how attorneys across different jurisdictions are seeing adjudications evolve in real time. Conferences like these have become increasingly valuable because business immigration is changing quickly, and the structure, language, and supporting evidence used in petitions often need to evolve alongside those changes. Staying immersed in these discussions helps us continuously refine our projects based on what is actually happening in RFEs, interviews, and adjudications today, which ultimately benefits the attorneys and clients we work with in a very practical way.
One of the clearest themes discussed in Geneva was this:
L-1A cases are increasingly being tested against operational reality.
In other words, it is no longer enough for a petition to merely describe an executive or managerial role.
The question is whether the structure behind that role actually supports the claim.
And that is where many cases begin to break down.
“The Foreign Entity Provides Operational Support.” Okay. Show Me.
One of the most common issues appearing in RFEs today involves claims that the foreign company supports the U.S. operation.
That sounds perfectly reasonable on paper.
But officers increasingly respond with a very simple question:
“Show me.”
Show me the communication.
Show me the interaction.
Show me how the support actually happens in practice.
If a petition states:
“The foreign entity provides operational support to the U.S. company”
But there is no evidence of:
ongoing coordination
real communication
operational involvement
cross-border interaction
Then the statement begins to lose credibility.
And credibility matters tremendously in today’s adjudication environment.
Ultimately, USCIS is not evaluating whether the structure is possible.
They are evaluating whether it appears real.
The Questions Officers Are Quietly Asking
One of the recurring observations discussed in Geneva was that officers are increasingly analyzing the operational mechanics behind the organizational chart.
They are mentally testing the petition.
Who handles payroll?
Who manages accounting?
Who orders inventory?
Who handles scheduling?
Who performs administrative work?
Who handles day-to-day execution?
These may sound like small operational details.
But they go directly to the heart of the L-1A analysis.
Because without a real support structure beneath the beneficiary, officers often begin questioning whether the individual is actually functioning as a manager or executive at all.
Many cases describe high-level responsibilities beautifully:
overseeing operations
directing strategy
managing growth
supervising departments
But when the operational structure is examined more closely, there may be:
no accountant
no administrative staff
no operational personnel
no delegation structure
no evidence showing who performs the underlying work
At that point, the natural concern becomes obvious:
Is the beneficiary actually directing the business… or personally doing everything themselves?
What Stronger L-1A Cases Tend to Show
The strongest L-1A petitions today usually answer these questions before USCIS ever asks them.
They clearly establish:
who handles finance
who performs administrative functions
who executes operational tasks
what responsibilities are delegated
how the foreign and U.S. entities interact operationally
what evidence supports those relationships
And importantly, they support those claims with documentation whenever possible.
If cross-border support exists, stronger cases often include evidence of:
ongoing communications
coordination records
reporting structures
operational collaboration
real interaction between entities
Not simply statements describing an ideal structure.
But evidence showing a functioning one.
The Reality Test
Every L-1A petition should ultimately pass a very simple test:
If an officer asked:
“Who is performing this specific task?”
Could the petition answer clearly?
And more importantly:
Could the answer be supported with evidence?
Because at the end of the day, L-1A petitions are not about describing what a company hopes its structure looks like.
They are about proving how the business actually operates in real life.
And increasingly, that distinction is becoming one of the most important parts of a successful case.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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