Evidence of the Proposed U.S. L-1 Position

The filing should identify principal responsibilities, decision making, technical functions, personnel authority, business functions, and time allocation where useful.

The proposed US position should be described through the work the beneficiary will actually perform, not through a broad title. For L-1A, the description should identify managerial or executive responsibilities, decision authority, functions managed, personnel authority, and the extent of operational work. For L-1B, it should identify the specialized knowledge required and how the duties use that knowledge. Time allocations can be useful when they are realistic and supported by the record. The description should be specific enough for USCIS to determine what activities will occupy the beneficiary's time.

Organization charts, subordinate positions, supervisors, departments, and reporting relationships can place the duties in context.

The position should be placed within the actual structure of the US organization. Organization charts, staffing rosters, subordinate job descriptions, reporting lines, outsourced functions, and department information can show who performs operational work and where the beneficiary sits in the hierarchy. USCIS evaluates managerial and executive positions in the context of the personnel structure and the nature and scope of the business. For specialized knowledge positions, the organizational context can also show which teams, products, processes, or functions depend on the beneficiary's claimed expertise.

USCIS evaluates the duties in light of staffing, the nature and scope of the business, and who performs operational work.

For L-1A, the petitioner must establish that the US employment will be primarily managerial or executive. USCIS looks beyond titles to the duties, the business being managed, staffing, level of authority, and who performs the day to day operational work. A manager may supervise qualifying professional or managerial personnel or manage an essential function, while an executive directs the management of the organization or a major component and exercises broad discretion. The evidence should make clear why the beneficiary's primary work fits the statutory and regulatory definition relied upon.

The petitioner should describe the knowledge, its special or advanced nature, the business need, and how the beneficiary acquired it.

For L-1B, the petitioner must show both that the beneficiary possesses specialized knowledge and that the proposed US position requires that knowledge. USCIS guidance calls for a detailed description of the industry or field, the company's products or processes, the particular knowledge involved, and the business need for it. The filing should explain whether the knowledge is special or advanced, how it differs from ordinary knowledge, and why the proposed duties require it. A beneficiary can possess specialized knowledge yet fail if the US job does not actually use that expertise.

Payroll, employee rosters, project documents, training records, contracts, process materials, correspondence, and other records can corroborate the position.

Objective evidence should support the position description where the facts can be documented. Depending on the case, useful records may include payroll, employee rosters, organization charts, project plans, contracts, statements of work, training materials, process documentation, correspondence, performance records, technical materials, or evidence of outsourced functions. The purpose is not to create volume for its own sake, but to show that the claimed duties fit the company's actual operations. Evidence should also demonstrate that the business has the personnel and activity necessary to support the described role.

The Form I-129, support letter, organization chart, employee records, prior petitions, and business records should describe a consistent role.

The Form I-129, support letter, organization chart, job description, employee records, business plan, prior petitions, and other company records should describe a consistent US role. Differences in job title are not necessarily fatal, but unexplained conflicts in duties, reporting lines, staffing, or capacity can undermine credibility. If the position changed after an earlier filing, the current record should identify the change and determine whether an amended or new petition was required. A coherent record makes it easier for USCIS to evaluate the proposed employment under the correct L-1 standard.