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APPLICATION ANSWERS · L-1B FIELD GUIDE

Barrie: Should I budget for a request for additional evidence?

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THE DIRECT ANSWER

It is reasonable to budget contingency time and legal cost for a possible request for additional evidence because the specialized-knowledge standard is comparative and fact-specific.

Plan for iterative evidence rather than a single filing

Ask counsel to identify, before filing, which parts of Marcus's case are strongest and which are more likely to draw scrutiny, so a response plan exists in advance. This does not guarantee a request for evidence will occur, and it does not guarantee approval if one does.

Use an evidence-based budget. Begin with the particular petition type and current fee schedule, then add translation, document retrieval, shipping, travel, and any work needed to explain specialized knowledge. Distinguish expenses that support the employer’s corporate case from personal expenses for dependents or travel. Hypothetical example: A marine-navigation software integrator has a complete degree file, but key proprietary training records are stored with a former affiliate and must be located and authenticated. The cost driver is reconstructing the knowledge trail, not the academic credential. A good estimate names the assumptions behind it and separates optional acceleration services from compulsory charges. Recheck government fees immediately before filing, because a budget prepared from an old schedule can be misleading.

Request a written estimate after the employer has identified the company records and service contracts needed. This makes it easier to decide whether a short assignment can be supported responsibly, and prevents a rush fee from being mistaken for the only cost consequence of late preparation.