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APPLICATION ANSWERS · L-1A FIELD GUIDE

Can planned hires be shown as current staff?

Sources checked:

THE DIRECT ANSWER

No. Distinguish actual employees from proposed recruitment and explain the forecast.

Use dated staffing evidence

Show who performs work now and what the future plan depends on. The record should not present an uncompleted plan as an existing organizational fact. Collect documents by fact proposition: entity relationship, active business, foreign employment, U.S.

role, staffing, and authority. Useful records can include ownership ledgers, tax or financial records, payroll, invoices, organizational charts, job descriptions, leases, budgets, and decision records. The first review should mark which record proves each proposition and which statement merely repeats it.

Hypothetical example: a wholesale seed distributor provides a chart showing six U.S. employees, but payroll shows three were hired after the petition date and two are contractors. The chart should be corrected, and the organization should explain the real support available when the application is made.

Do not backdate a plan or make vacant roles appear filled. Match titles and dates across foreign payroll, letters, and corporate records. For an executive or manager, show actual authority through reporting relationships, budget responsibility, hiring input, or management of an essential function.

Maintain source documents in their original form and provide accurate translations where needed. The better sequence is to establish business and relationship records first, then add individual employment evidence, then test whether the proposed U.S. description agrees with both.