When Chinese companies transfer executives or core teams to the U.S., the L-1 visa is often seen as a “golden channel”—it does not require a lottery, allows dual intent, and can lead to a green card application. However, many companies mistakenly assume that “sending an executive over” guarantees approval, overlooking the USCIS’s stringent review logic: executive title is just the starting point—the true readiness of the U.S. entity is what matters most.

What Does USCIS Review? Not Just Titles, but the “Organizational Entity”

Executive Function Must Match Organizational Structure: L-1A requires the beneficiary to serve in an “executive or managerial” capacity, but USCIS scrutinizes actual management authority. For instance, managing only four customer service staff may not qualify, whereas managing four engineers with HR decision-making power and departmental budget control is more likely to be approved. The key is demonstrating the “strategic nature” of management duties rather than execution-level tasks.

New Company Office and Hiring Plans Must Be “Visualized”: For newly established U.S. entities, USCIS checks physical evidence such as office lease agreements and utility bills, and assesses whether hiring timelines in the business plan are reasonable. For example, planning to hire 10 employees in the first year but only leasing a 30-square-meter office may raise doubts.

Business Plan: The “Life or Death” of the L-1 Visa

Many companies treat the business plan as a “reference document,” but in reality, it is the core basis for USCIS to assess the company’s development logic and the necessity of executive positions. For example:

Market Strategy and Financial Forecasts Must Be Closed-Loop: If the plan projects $5 million in annual revenue via e-commerce channels, it should detail target users, customer acquisition costs, supply chain expenses, etc., to avoid vague goals.

Organizational Expansion Must Match Executive Functions: If planning to establish three departments within three years, specify reporting lines for each department and the executive’s management span (e.g., directly managing three department heads) to demonstrate the sustainability of the position.

Timeline: Keep a precise schedule to avoid staffing gaps.

Premium Processing ≠ Guaranteed Success: While paying $2,500 can yield an I-129 approval within 15 days, if an RFE (Request for Evidence) occurs, the process may extend beyond 60 days.

Founder’s Parallel Planning: If the founder needs an L-1A visa to launch U.S. operations, allocate 3–6 months for preparation (e.g., company registration, office lease, finalizing the business plan) to avoid personal delays affecting overall deployment.

Visa Combinations: Rational Allocation to Avoid Bulk Application Risks

L-1 Quantity Must Match Company Size: For a startup with a five-person team, applying for three L-1 visas may be rejected due to an “abnormally high executive ratio.”

H-1B / O-1 Complementarity and Limitations:

H-1B: Lottery success rate around 15%, limited to specific professional positions; suitable for technical talent but does not address executive transfers.

O-1: No lottery but very high threshold (requires international awards or industry recognition); each entry requires a new visa application, limiting mobility.

Key Conclusion: The essence of the L-1 visa is to “verify the necessity of executives through organizational authenticity.” Success depends on convincing USCIS with business logic and safeguarding against site inspections through compliance details—both of which are “hidden reefs” that many companies neglect in preparation.

Who is SailGlobal?

SailGlobal is a one-stop HR service platform for Chinese companies going global. With over 20 years of leading HR experience in China and nearly a decade of overseas HR service experience, SailGlobal has a broad international background. Our strengths are professionalism, high-quality service, and AI-driven solutions, helping clients quickly and efficiently expand global operations and meet all their international HR needs.

We offer a full range of overseas HR services, including Employer of Record (EOR), shared HR, global flexible staffing (Contractor), global recruitment, international work visas, and other specialized value-added services for companies expanding abroad.

Going to the U.S.: SailGlobal Tells You What You Must Know About L Visas