Scrutiny Intensifies for L-1 Visa Petitions, Requiring Robust Corporate Structuring

Attorney Lara Akinlude explains why L-1 visa applications face heavy scrutiny and how companies can build strong, defensible cases.

Published on Feb. 26, 2026

For multinational businesses expanding into the United States, the L-1 visa category remains a powerful corporate mobility tool. However, in recent years, scrutiny of L-1 visa petitions has intensified, with authorities closely examining the legitimacy of the corporate relationship, the authenticity of the executive or specialized knowledge role, and the operational viability of the U.S. entity. Attorney Lara Akinlude, a dual-qualified attorney in the U.S. and U.K., advises that strong L-1 visa cases require transparent corporate structures, clear managerial authority, sustainable business operations, and consistency between immigration filings and corporate records.

Why it matters

The L-1 visa is unique in that it allows companies to transfer their own personnel without testing the U.S. labor market, which places significant responsibility on immigration authorities to ensure the classification is not misused. The increased scrutiny is aimed at validating the organizational structure and preventing potential abuse of the streamlined L-1 visa framework.

The details

Authorities focus on three primary areas when scrutinizing L-1 visa petitions: the legitimacy of the corporate relationship between the foreign and U.S. entities, the authenticity of the executive, managerial, or specialized knowledge role of the transferee, and the operational viability of the U.S. entity. Documentation must demonstrate clear ownership percentages, shareholding structure, voting control, and operational oversight to establish the qualifying corporate relationship. The job description must also clearly show that the transferee will primarily engage in strategic decision-making, supervisory authority over professional staff, and oversight of essential organizational functions. New office petitions face even closer scrutiny, as immigration officers assess whether the proposed executive or manager will truly function in a strategic capacity within one year.

  • In recent years, scrutiny of the L-1 Visa has intensified.

The players

Attorney Lara Akinlude

A dual-qualified attorney in the United States and the United Kingdom, advising businesses on cross-border immigration strategy with clarity, precision, and regulatory insight.

Larhdel Law

A law firm that advises multinational corporations, entrepreneurs, and executives on corporate mobility strategy with a compliance-focused and business-law perspective.

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What they’re saying

“The L1 Visa is not merely about moving a person—it is about validating an organizational structure.”

— Attorney Lara Akinlude, Dual-Qualified Attorney (U.S. & UK), Larhdel Law (delawarenewsreporter.com)

What’s next

Companies planning a U.S. expansion, transferring senior leadership, or preparing for long-term multinational growth should seek personalized legal advice through a formal consultation before taking action related to an L-1 visa petition or corporate transfer strategy.

The takeaway

Strong L-1 visa cases require transparent corporate structures, clear managerial authority, sustainable business operations, and consistency between immigration filings and corporate records. Careful legal structuring and strategic preparation are essential to navigating the increased scrutiny and building a defensible case that withstands the scrutiny of immigration authorities.