L-1 Intracompany Transferee Visa for a New Office

The L-1 program allows multinational companies to bring their foreign workers who possess either managerial skills or specialized knowledge from their foreign entity to their U.S. entity, for a temporary period of time.

L-1A vs. L-1B

The L-1A category is for foreign nationals coming to work in the U.S. in an executive or managerial capacity for a U.S. subsidiary, affiliate, or parent company of the foreign employer. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company. The L-1B category is for foreign workers who hold specialized knowledge of the company’s processes, procedures, or products that someone outside the company would not have. Both L-1A and L-1B employees must have worked for the foreign entity for at least one continuous year of the last three years prior to filing the application.

Requirements for Related Entities

There must be a corporate relationship between at least one foreign and one U.S. entity such as subsidiary, affiliate, parent. This relationship must be proven with corporate documents showing company ownership.

Special Rules for L-1 New Office Petitions

If the U.S. business that you will be working for has been “doing business” for less than one year, it is considered a new office, and special rules apply to get an L-1 Visa.

  1. What is a New Office?

    • A new office is a company that has been doing business in the US through a parent, branch, affiliate, or subsidiary for less than one year.

    • Doing business means the “regular, systematic, and continuous provision of goods and/or services.” [Code of Federal Regulations Section 214.2(l)]

    • The mere presence of an office in the US does not qualify as “doing business;” it must actually be conducting business activities.

  2. New Office Petitions are More Strictly Scrutinized

    • Include a business plan with the petition

    • Outline the amount of your investment, your intended personnel structure, the physical premises you will be operating business out of, and the sustainability of the foreign company.

  3. You must show that the U.S. company will support a managerial or executive position within 1 year of approval of your L-1 petition.

    • Unlike with existing offices, USCIS acknowledges that as a manager or executive for a new office, you are more likely to engage in the day-to-day operations of the business.

    • Rather than requiring that you primarily engage in managerial/executive tasks immediately, USCIS gives a period of 1 year for you to show that the US company will support a managerial position.

    • You can demonstrate the the US company will support a managerial position through various forms of evidence including: a business plan that will discuss the projections of the new office; information regarding the nature of the office describing the scope of the business, its organizational structure, ad its financial goals; the size of the investment in the US business and the financial ability of the foreign company to pay for your services and to begin operations in the US; and the organizational structure of the foreign company.

    • Unlike with existing offices, the initial status granted for a new office L-1 is 1 year.

    • Before the expiration of the first year, to remain in valid L-1 status, you are required to file an extension. In order for your extension to get approved, you must demonstrate that the US company now supports a managerial position.

    • The foreign company that you worked for much continue to operate and must maintain a qualifying relationship with the US company.

Supporting Documents for L-1 Petition New Office

Biographical Documents of Beneficiary:

  • Copy of Passport Biographic Page;

  • Copy of U.S. Visa Page (if applicable);

  • Copy of I-94 Arrival/Departure Record (if applicable);

  • Employment Verification Letter;

  • Payroll Stubs/ Earnings Statements –for the last year;

Sample Documents from Foreign Company/Qualifying Organization

  • Documentation establishing that the beneficiary has worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or was employed in a position involving specialized knowledge and that the beneficiary is coming to the U.S. to work in an executive, managerial, or a specialized knowledge position;

  • Documentation regarding the beneficiary’s position held at the foreign affiliate – e.g. position description; work product; projects completed, etc.;

  • Company statement describing the proposed position, current and future company projects;

  • U.S. Company’s Business Plan including investment and personnel plans;

  • Copies of articles of incorporation or equivalent;

  • Copy of certificate of Registration or equivalent

  • Copy of board authorization (startup organizations);

  • Company list of shareholders;

  • Copy of company’s most recent federal income tax return;

  • Copy of company lease for business premises;

  • Copies of profit & loss statements;

  • Copy of balance sheet;

  • Copies of company bank statements-for the past year;

  • Copy of company brochures, marketing material, website print outs;

  • Color photographs of business premises (interior and exterior);

  • Company organizational chart;

  • Company list of job titles and a brief job description of each position;

  • Evidence of establishment of a U.S. subsidiary or parent company (if one does not yet exist);

Documents from U.S. Subsidiary/Parent Company

  • Company statement including a job description and requirements for the beneficiary's position.

    • If the beneficiary will be applying for the L-1B visa classification, the statement should include a description of the specialized knowledge they possess integral to the company’s operations to do business in the United States;

    • If the beneficiary will be applying for the L-1A visa classification, the statement should include a list of employees the beneficiary manages, their job titles, and brief job descriptions, or the essential function the beneficiary will manage';

  • Copies of articles of incorporation;

  • Copy of organizational minutes;

  • Copy of IRS Letter for EIN issuance;

  • Copy of company stock ledger;

  • Copies of issued stock certificates;

  • Copies of bank statements-past year;

  • Copy of business license;

  • Copy of seller’s permit;

  • Employee organizational chart

  • Copy of commercial lease for business premise (square footage and floor plan)

Duration of Stay and Extensions

The initial period of approval allowed for L-1 New Office category is one year. Extensions of stay can be applied for a total period of up to seven years for L-1A and a total of five years for L-1B employees. In order to file for an extension, the employer should re-file USCIS Form I-129 Petition for Non-immigrant Worker along with L supplement along with supporting documentation.

Dependents

The family members of L-1 aliens can enter the U.S. under the L-2 category. Once in the U.S., an L-2 visa holding spouse is eligible to work pursuant to status.