L-1 RFEs: How To Reduce Your Risk Of Getting One

In June, the Citizenship and Immigration Services' Ombudsman's office issued its annual report in which they included a chapter on "The Use of Requests for Additional Evidence in L-1 Petitions."¹ Essentially a follow-up to a set of recommendations issued in their 2010 annual report, the Ombudsman's 2023 report noted ongoing issues with the USCIS's issuance of Requests for Evidence (RFE) in L-1 petitions and, more specifically, the USCIS adjudicating officers' application of the "preponderance of evidence" standard. While the report's intended audience is clearly within the Agency, it can also provide attorneys and other practitioners with an insightful look into USCIS's current L-1 adjudicative practices.