The L-1 New Office Visa is designed for foreign companies that wish to establish a new office in the United States and transfer a key employee to lead the setup. This visa supports both managerial and specialized knowledge roles and is a practical solution for businesses looking to expand their presence in the U.S. market using their existing international workforce.

Eligibility Requirements

To qualify, both the company and the employee must meet specific criteria.

For the employer:

• The U.S. entity must have a qualifying relationship with the foreign company, such as a parent, branch, subsidiary, or affiliate.
• The U.S. office must be newly established and operating for less than one year.
• The company must demonstrate the financial ability to support the new office and the employee’s position.

For the employee:

• The individual must have been employed full-time by the foreign company for at least one continuous year within the last three years.
• The role in the U.S. must be either managerial, executive, or require specialized knowledge.
• The employee must be integral to the initial setup and long-term success of the U.S. office.

Types of L-1 Visas for New Offices

There are two subcategories under the L-1 visa program:

L-1A is for managers and executives. The employee must oversee other employees, manage functions or departments, and play a key role in company decision-making. L-1A visa holders are initially granted a one-year stay, with the option to extend the visa in increments for a total of up to seven years.

L-1B is for employees with specialized knowledge. This refers to individuals with deep expertise in company-specific products, processes, or systems. L-1B visa holders are also granted a one-year stay for new offices, with the possibility of extensions up to a maximum of five years.

Application Process

The employer must begin by filing Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). The petition must include documentation to prove the company relationship, the business plan for the U.S. office, and the qualifications of the employee.

Once approved by USCIS, the employee applies for the L-1 visa at the U.S. embassy or consulate in their home country. The employee will attend a visa interview and provide additional evidence, including a job offer, proof of past employment, and intent to carry out the proposed U.S. role.

After visa issuance, the employee may travel to the U.S. and begin working at the new office location.

Benefits of the L-1 New Office Visa

This visa provides a valuable opportunity for companies to enter the U.S. market with trusted leadership or skilled employees already familiar with the organization’s operations. It enables continuity in company culture and processes while avoiding many of the delays or limitations of other employment-based visas.

The L-1 visa also permits the inclusion of family members. Spouses and children under 21 may enter the U.S. on L-2 visas. Spouses are eligible to apply for work authorization, and children may attend school.

Over time, the L-1A visa can offer a path to permanent residency through the EB-1C immigrant visa category, which does not require labor certification.

Considerations for New Office Petitions

Because the U.S. office is new, additional scrutiny will be placed on the business plan, financial support, and growth projections. Companies must show that within one year of the employee’s arrival, the office will be able to support the managerial or specialized role.

Renewals and extensions require proof that the business is actively operating and generating sufficient revenue to maintain the transferred employee’s position.

Conclusion

The L-1 New Office Visa is a practical and strategic option for international businesses launching a U.S. presence. It supports knowledge transfer, leadership continuity, and business development, while offering foreign employees the chance to advance their careers and potentially transition to permanent residency. With careful planning and strong documentation, the L-1 new office route can pave the way for long-term success in the United States.