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Explore visasEB-1CCommon RFE topics

Staffing and organization

Staffing and structure

Whether the company's staff and structure can support a role that is mainly managerial or executive.

What USCIS is questioning

  • Whether the business, at filing, had enough employees or contractors to do the operational work, given its purpose and stage of development.[1,2,3,4]
  • Whether the claimed structure is real: who works there, in what roles, and whether their duties match their titles.[2]

The legal standard

  • When staffing is a factor, USCIS must consider the organization's reasonable needs in light of its overall purpose and stage of development, and no one qualifies merely because of headcount (INA 101(a)(44)(C); 8 CFR 204.5(j)(4)(ii)).[1,5]
  • The petitioner has the burden to show the company's reasonable needs; officers shouldn't apply their own unsupported view of standard business practice.[2]
  • Under Matter of Z-A-, officers weigh the whole record, including related entities in the qualifying organization, when looking at staffing.[6]

How the request usually reads

  • Interpretation RFEs on staffing usually ask for a list of all employees at filing with titles, duties, pay and hours, and ask how the business's operational tasks are covered.[2,3,4,7]
  • Interpretation When the company relies on contractors or staff abroad, they typically ask for contracts, invoices or other proof of what those people do for the U.S. business.[6]

Evidence petitioners often provide

  • Interpretation Payroll summaries and state quarterly wage reports covering the filing date.[8,9]
  • Interpretation Contractor agreements and invoices, and evidence of support from staff of the parent or affiliates.[6]
  • Interpretation A business description explaining what the company sells or provides and why its structure fits its stage of development.[2]

Where responses go wrong

  • High confidence Counting people hired after filing; staffing is measured at the filing date.[3,9]
  • Asserting 'reasonable needs' without explaining them with evidence.[2]

AAO decisions on this issue

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

  1. 1.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  2. 2.USCIS Policy Manual, Volume 6, Part F, Chapter 4 — Multinational Executive or ManagerUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  3. 3.8 CFR 103.2 - Submission and adjudication of benefit requestseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  4. 4.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 41372977 (Feb. 26, 2026)USCIS Administrative Appeals Office · AAO decision · Published Feb 26, 2026 · Checked Sep 27, 2026
  5. 5.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  6. 6.Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016)USCIS Administrative Appeals Office · AAO decision · Published Apr 14, 2016 · Checked Sep 27, 2026
  7. 7.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 37676082 (June 12, 2025)USCIS Administrative Appeals Office · AAO decision · Published Jun 12, 2025 · Checked Sep 27, 2026
  8. 8.USCIS Policy Manual, Volume 6, Part E, Chapter 4 — Ability to PayUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  9. 9.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 39666475 (Oct. 7, 2025)USCIS Administrative Appeals Office · AAO decision · Published Oct 7, 2025 · Checked Sep 27, 2026