L1 Visa – New Office
New office special rules
New office special rules are strictly scrutinized. If the United States company is less than a year old, or has not been doing business for at least 1 year, there are some special rules and considerations that we must analyze before applying for an L1 visa.
Doing business means “regular, systematic, and continuous provision of good and / or services.” (Code of Federal Regulations Section 214.2(i). Simply having a United States company is not sufficient to meet the definition of “doing business”.
A business plan is highly recommended, especially when the business is relatively new.
- Demonstrate how the new company will support a managerial position.
- Projections of the new office.
- Scope of business.
- Organizational structure of foreign company.
- Organizational structure of US company.
- Financial goals.
- Sustainability of foreign company.
- Amount of investment in US company.
Factors to consider:
- The higher the investment the better.
- Company hierarchy.
- Physical location – owning or renting an office space.
- Chances of the foreign country’s company’s sustainability.
- The new United States company will be able to support a managerial or executive position during the first year from the time of approval of a successful L1A visa petition.
USCIS takes into consideration that most new businesses need some time to get started and that the employee, the beneficiary of the L1 visa will play some role in day to day activities initially, but after the first year that should no longer be the case and the beneficiary should solely act in a managerial, executive position after that first year.
New Office Special Rules for L1B
Qualifying relationship has to exists between foreign company and US company.
New, physical office is owned or rented in the US.
New office has the ability to pay for your services and that the US company is ready to begin operations in the US.
Proof and evidence that the foreign company remains open and is fully functional without your presence. Note: Under either scenarios, L1A or L1B if you are the owner, stockholder of the company, than your L1 visa application has to include proof that your services are to be used for a short and temporary period of time and other proof and evidence that the company owner will be transferred back to the home country for other assignments once the temporary services are completed in the United States. (Code of Federal Regulations Section 214.2(I).
Getting an approved L1 Visa petition is time consuming, highly technical and complex. If you have any questions about the process or your particular circumstances and need help finding out how you can immigrate to the United States, feel free to get in touch with us via phone +1 (954) 210-6054 or e-mail us at: firstname.lastname@example.org and we will do everything in our power to help you and your family move as quickly as possible and make the United States of America your home.