Opening a U.S. subsidiary or affiliate? The new office L-1 lets you transfer a manager/executive (L-1A) or specialized-knowledge employee (L-1B) to launch and run your U.S. operation. This guide explains eligibility, evidence, timelines, and a 90-day plan to get file-ready.
TL;DR
- What it is: L-1 for companies with a qualifying relationship (parent, subsidiary, affiliate) between a foreign entity and a new U.S. office.
- Who qualifies: Employees who worked 1 continuous year abroad (last 3 years) for the foreign entity as executive/manager (L-1A) or specialized knowledge (L-1B).
- New office wrinkle: Initial approval is typically 1 year; you must show the U.S. entity can support the role at extension.
- Core proof: Qualifying relationship, real premises, capitalization, business plan, staffing plan, and the right role.
- Why founders use it: No lottery, dual intent-friendly, and a clean path to EB-1C (multinational manager) after growth.
New Office L-1 at a Glance
Company requirements (both entities):
- Qualifying relationship: Parent ↔ subsidiary ↔ affiliate (ownership/control documented).
- Doing business: The foreign entity continues doing business while the U.S. entity begins doing business.
- U.S. premises: Secured physical office appropriate for planned headcount and operations.
- Capitalization: Resources to pay wages and execute the business plan.
- Business plan: Credible market, revenue, staffing, and 12–36-month milestones.
Beneficiary requirements:
- 1 year abroad (within last 3) for the qualifying foreign entity.
- Role in the U.S.:
- L-1A (manager/executive): People-manager or function manager with authority over a critical function (not hands-on individual contributor).
- L-1B (specialized knowledge): Company-specific systems, processes, products that are advanced/unique.
Validity & extensions:
- Initial (new office): 1 year.
- Extensions: Show the U.S. company met milestones and now supports the managerial/executive or specialized-knowledge role.
- Maximum stay: L-1A up to 7 years (1 + 2 + 2 + 2); L-1B up to 5 years (1 + 2 + 2).
Evidence Checklist (What Wins)
Corporate & relationship
- Articles, share ledgers, ownership charts, inter-company agreements, board minutes.
- Foreign & U.S. tax/registration records; proof both entities are active.
Premises & operations
- Executed office lease, photos, utility setup, equipment/furniture invoices.
- U.S. bank account, EIN, payroll/onboarding with a provider, insurance.
Business plan & capitalization
- 12–36-month P&L projections, runway, staffing chart (titles, dates), sales pipeline.
- Market analysis and go-to-market strategy; key partnerships or LOIs.
Staffing & managerial structure (L-1A)
- Org charts (now and 12–24 months out).
- U.S. and foreign headcounts, job descriptions, recruiting plan, budget to hire.
Specialized knowledge (L-1B)
- Detailed tech/product/process descriptions; why knowledge is advanced, company-specific, and critical.
- Third-party letters (customers/partners) showing dependence on that knowledge.
Beneficiary background
- Abroad role proof (contracts, pay slips, manager letters, org charts).
- U.S. role description with decision-making authority, KPIs, and reports.
The 90-Day New Office L-1 Sprint (Step-by-Step)
Weeks 1–3 — Foundation
- Finalize U.S. entity formation, EIN, banking, and office lease.
- Draft the business plan (12–36 months): revenue, pipeline, staffing plan, milestones.
- Assemble ownership/relationship evidence and inter-company agreements.
Weeks 4–6 — Infrastructure & Proof
- Set up payroll, benefits, insurance, accounting.
- Collect client LOIs, vendor agreements, or pilot MOUs.
- Build present-and-future org charts; draft U.S. job description and KPIs.
Weeks 7–9 — Documentation
- Compile foreign employment proof (1-year history), titles, pay, duties.
- Package premises evidence (lease, photos, utilities).
- Add capitalization proof (wire confirmations, bank statements).
Weeks 10–12 — Assemble & File
- Prepare Form I-129 + L supplement (premium processing optional).
- Include consulting letters (e.g., industry experts/customers) and a concise cover letter mapping every exhibit to eligibility.
- If abroad, plan consular processing after approval (DS-160, interview). If in the U.S., consider change of status.
Common Pitfalls (and Fixes)
- Role is too operational.
- Fix: Emphasize managerial/executive or function-manager duties, not IC tasks. Add direct reports or managed vendors.
- Thin premises or virtual-only.
- Fix: Secure a real office sized to your plan; show photos and fit-out invoices.
- Unrealistic staffing plan.
- Fix: Tie hires to revenue/contract triggers; include budget and recruiting pipeline.
- Weak specialized-knowledge narrative (L-1B).
- Fix: Explain what the knowledge is, why it’s advanced, how it’s applied, and why the U.S. launch needs it now — with third-party validation.
- Ownership/relationship gaps.
- Fix: Provide clear ledgers, board minutes, and inter-company agreements.
Filing Mechanics & After Approval
- Petition: I-129 with L supplement (option to add I-907 for premium).
- Status vs. visa: In-U.S. = change/extension of status; abroad = consular visa after approval.
- Dependents: L-2 for spouse/children; spouses may work while in L-2 status.
- Extensions: Show milestone progress (revenue, hires, contracts) and that the role is managerial/executive (L-1A) or still specialized (L-1B).
- Green card path: When the U.S. entity matures, consider EB-1C (multinational manager/executive).
How LegalOS Helps
- USCIS-ready new-office L-1 packets in ~24 hours powered by vertical AI agents trained on 30+ years of proprietary case data.
- Attorney-in-the-loop on every filing.
- Evidence coaching: Business plan polish, org charts, premises/capitalization proofs, and letters that actually persuade.
- Track record: 40+ years of experience with cases like yours and a near-100% approval rate.
Free assessment: Share your corporate chart, lease status, and 3 headline milestones. We’ll map the fastest route to a defensible new office L-1.
