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Intracompany · document checklist

L-1A document checklist

L-1A carries the highest RFE rate of any major employment classification. Three elements must each be independently documented: a qualifying corporate relationship between the foreign and US entities, one continuous year of qualifying employment abroad within the preceding three years, and managerial or executive capacity in both the foreign and US roles. New office petitions add a fourth burden — evidence the US entity will support a managerial role within one year.

Governing standard

Qualifying relationship, one continuous year abroad, managerial or executive capacity

8 CFR 214.2(l)(1)(ii)(A)–(C)

Top RFE trigger: Organisational chart without headcount; duties read as operational

Criteria and evidence mapping
Documents listed
14
Always required
10
Median exhibit pages
195
Initial RFE rate
32.6%

The checklist

Grouped by the purpose each document serves.

Documents marked as always required belong in every filing of this type. The rest apply where the fact pattern calls for them.

01

Corporate relationship

4 required of 4

  • Ownership and control chart

    Showing percentage ownership at every tier

  • Share certificates and share register

    For both entities, translated where required

  • Audited financial statements

    Two most recent years for both entities

  • Incorporation documents

    Certificates and constitutional documents

02

Qualifying employment abroad

3 required of 4

  • Foreign payroll records

    Covering the full qualifying year, month by month

  • Foreign tax filingswhere applicable

    Corroborating the payroll record

  • Foreign employment letter

    Duties, dates, headcount managed and reporting line

  • Travel history

    Passport stamps and I-94s establishing time outside the US

03

Capacity evidence

3 required of 3

  • Foreign and US organisational charts

    With names, titles and headcount at each level

  • Subordinate job descriptions

    Establishing that subordinates are professional or supervisory

  • Duty breakdown with time allocation

    Separating managerial from operational duties

04

New office petitions

0 required of 3

  • Business planwhere applicable

    Financial projections, staffing plan and market analysis

  • Premises leasewhere applicable

    Sufficient physical space for the projected operation

  • Evidence of capitalisationwhere applicable

    Funds transferred and available to the US entity

This page prints cleanly — use it as a client-facing document request list.

Failure modes

What draws a request on a L-1A.

Having every document on the list is necessary and not sufficient. These are the structural problems that produce requests even when the evidence is present.

Full RFE trends hub
  • Organisational chart with no headcount or with unnamed positions
  • Duty descriptions that are operational rather than managerial
  • Payroll gaps inside the qualifying year abroad
  • Ownership chart that does not reconcile to the share register
  • New office petition with a business plan that does not support a manager within one year

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Docket Build is legal technology software designed for use by licensed attorneys and legal professionals. Docket Build does not provide legal advice, does not practice law, and does not create an attorney–client relationship. All legal theories, filings, and petitions must be reviewed and approved by a qualified attorney.