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SAINT-JEAN-BAPTISTE · L-1A FIELD GUIDE

Does buying more automation strengthen the management case?

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THE DIRECT ANSWER

A purchase does not decide the employee’s capacity. Review the real duties and business needs before treating technology spending as an immigration solution.

Separate projected savings from current facts

Identify implementation, staffing and support costs for the business, apart from case preparation and current official fees. Future labor savings should not be described as an operational change already achieved.

Clarify the cost of maintaining actual business operations, professional preparation and current filing charges. Use the current USCIS fee schedule on Form G-1055 for the Form I-129 base fee, the fraud-prevention and asylum-program fees that apply to L petitions, and optional premium processing. Compensation can corroborate seniority but does not establish managerial or executive capacity. A new-office petition adds the cost of a lease and a business plan that will be examined again at the one-year extension.

Travel expenditure describes cost, not necessarily the applicant’s qualifying capacity. An approval or spending limit describes financial delegation, not the classification test; connect it to what the applicant actually directs. The common mistake is presenting airfare as operational capacity while leaving the transferee responsible for sales, deliveries, or service. The last item is a business expense that also serves as evidence of capacity.