L-1 New Office: Starting U.S. Operations with Key Talent

The L-1 nonimmigrant visa allows multinational companies to transfer executives, managers, and specialized knowledge employees from their foreign offices to the United States. One unique aspect of this category is the L-1 new office petition, which enables foreign companies to send an employee to the U.S. to establish a brand-new office.

What Is a “New Office” Petition?

A “new office” refers to a U.S. business that has been doing business for less than one year. In this context, the L-1 visa can serve as a vital tool for international companies seeking to expand into the U.S. market while leveraging their existing leadership and expertise.

Key Requirements

When filing an L-1 new office petition, the U.S. petitioner must meet the general L-1 eligibility standards — such as a qualifying corporate relationship and proof of prior employment abroad — while also satisfying additional criteria tailored to new office cases. These include:

• Physical Premises: The U.S. company must secure adequate physical office space to house the new operation.

• Business Plan: A detailed business plan outlining the nature of the business, organizational structure, projected staffing, and anticipated revenues is critical.

• Investment in the U.S. Business: The foreign parent company must demonstrate it has made (or is in the process of making) a substantial investment into the U.S. entity. This includes providing evidence of capitalization, bank transfers, equipment purchases, lease agreements, and other financial commitments that prove the U.S. office will be viable.

• Future Viability: The U.S. company must demonstrate its ability to support the transferee’s executive, managerial, or specialized knowledge capacity within one year of approval.

Duration of Stay

Initial approval for a new office L-1 is limited to one year. This shorter period gives USCIS an opportunity to review whether the business has become operational and can sustain the transferee’s role. Extensions may be granted in increments of up to two years if the company demonstrates growth and continued eligibility.

Challenges and Best Practices

Because USCIS carefully scrutinizes new office petitions, companies must be proactive in their preparation:

• Provide a clear organizational chart showing current and projected staffing.

• Submit evidence of funding and the ability to support U.S. operations.

• Document the foreign entity’s operations to establish legitimacy and financial health.

• Highlight the transferee’s role in the company’s strategy and why their presence in the U.S. is essential.

Conclusion

The L-1 new office petition is a powerful option for foreign businesses that want to establish a U.S. presence quickly. While the evidentiary burden is high, a well-prepared petition — supported by strong documentation and a realistic business plan — can pave the way for growth in the U.S. market. For companies seeking to expand, the L-1 new office serves not only as a visa strategy but also as a cornerstone of international business development.