As you may know, the L-1 “new office” visa allows businesses to begin operations in the U.S. with the assistance of key personnel from a company based outside the U.S. It requires a related entity abroad and proof that the foreign national employee to be transferred has worked in an executive, managerial or specialized knowledge capacity.
More specifically, L-1 nonimmigrant visa classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity. L-1 beneficiary employees may also include individuals coming to the United States to open or be employed in a new office in the United States (“New Office L1”).
L-1 “New Office” Visa Eligibility:
• Foreign company or multinational company to establish a new office in the U.S.
• Foreign national executives are being transferred to the U.S. to establish, develop, or manage a new office. They would also manage a major function or division of that new organization in the U.S.
• Foreign national managers are transferred to the U.S. to supervise the work of other supervisory, professional, or managerial employees or manage an essential function, department, or subdivision.
• Specialized Knowledge employees of companies outside the U.S. that have related U.S. branches, subsidiaries, affiliates, or joint venture partners. Specialized knowledge can include particular knowledge in products, research methods, and marketing techniques that would be infused into the U.S. office.
L-1 Visa ‘New Office’ Benefits
1. You may legitimately come to the U.S. as an L-1 intra-company transferee to open a new office
2. You can freely travel in and out of the U.S. while on a valid L1 Visa
3. Your dependents can live with you in the U.S.
4. Your spouse will automatically have work authorization to engage in employment.
L-1 Visa ‘New Office’ Requirements
Executive / Manager
1. Appropriate physical premises to house the new office that has been secured;
2. The employee has been employed for one continuous year in the three years preceding the filing of the petition in an executive or managerial capacity for the qualifying foreign company and that the proposed U.S. employment involves executive or managerial authority over the new operation; and
3. The petitioner has the financial ability to paythe beneficiary and commence business in the United States
Specialized Knowledge Employee:
1. Appropriate physical premises to house the new office that has been secured;
2. The employee has been employed for one continuous year in the three years preceding the filing of the petition in a specialized knowledge capacity for the qualifying foreign company and that the proposed U.S. employment involves injecting that specialized knowledge into the new operation, and
3. The petitioner has the financial ability to pay the beneficiary and commence business in the United States.
L-1 Visa Case Processing Times
The L-1 Visa processing time varies depending on the USCIS service center and the country from where the applicant applies but it generally takes month but can be expedited to a decision in 15 days under premium processing.
The One-Year Requirement
The business must demonstrate it can support the beneficiary in the requisite managerial, executive, or specialized knowledge position within one year of approval. USCIS will, when an extension is filed, closely scrutinize the petition to determine whether this has occurred and verify that the petitioner has followed through with the timetable and plans submitted in the original “new office” L-1 petition.
While it is expected that a manager or executive who is required to open a new business will be more actively involved in day-to-day operations during the initial phases of the business, it must also be shown that the individual has the authority and plans to hire staff and has wide latitude in making decisions about the goals and management of the organization.
Bonus Information
As promised, here’s some bonus information that you may not know about:
Gross Revenue of Foreign Entity
For an L-1 visa application to be successful, the foreign company should have a gross revenue that appropriately supports the addition of a new office. Different industries vary, but a good amount to show is at least $500,000 for the most recent year. Now it is very important to note that this is not a statutory requirement, and we’ve gotten L-1 new office cases approved with a much lower amount, but this is generally a good amount to show, as USCIS can raise a variety of issues when questioning information about the foreign entity. If the revenue is too low, USCIS may examine whether the prospective L-1 visa beneficiary’s role was as a manager or executive.
Now despite this number, there are ALWAYS exceptions with respect to different industries and especially in different areas that have a lower standard of living where the new office will be opened.
Last but not least, be sure to check the caption below this video. We’ve got questionnaires for different types of visas so that we can help you determine which visa is most appropriate for you. And if you’re traveling soon, we also have a list of some of my travel favorites.