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MEMRAMCOOK · L-1A FIELD GUIDE

Should the company hire staff just to increase the organization chart?

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THE DIRECT ANSWER

Staffing should reflect genuine operating needs. Additional positions do not guarantee managerial eligibility.

Connect hiring to actual duties

Explain which tasks each real position performs and how that affects the transferee’s role. Separate recruitment costs from immigration charges and outcome promises.

A new office can require genuine business spending, but a larger launch budget does not itself prove executive or managerial capacity. The USCIS fee schedule (G-1055) sets the Form I-129 fee for the L classification and lists the additional statutory charges that apply to L-1 petitions, including the fraud prevention and detection fee and, depending on the petitioner's size and workforce, other surcharges. Use a cost sheet that separates filing charges, premium options if available, legal scope, translations, evidence collection and the business expense of operating the proposed role. Operating payroll abroad, premises, insurance and equipment belong to the first category and would exist whether or not a petition were filed; preparation, professional advice and current official charges belong to the second. Corporate evidence has to be gathered from lawyers, accountants and registries in two countries, and a group with an intermediate holding company will spend real time producing a chart that survives scrutiny. Separately list official government charges for the actual filing, record retrieval, translation, professional scopes, and family steps; verify current instructions without assuming a filing total.