L-1 new office requirements explained

What is an L-1 new office?

A new office is a U.S. organization that has been doing business through a parent, branch, affiliate or subsidiary for less than 1 year. Under 9 FAM 402.12-9, an L-1 employee can come to open that office or work in it. The petition needs extra evidence, and U.S. Citizenship and Immigration Services (USCIS) approves it for up to 1 year.

The rule exists because a new office has no track record. An existing U.S. office can show staff, revenue and contracts. A new office has to show a credible plan instead, and then prove at the 1-year mark that the plan became a working business.

This guide covers what the petition shows, what each rule means in practice, and where the business plan fits. For the base L-1 rules that apply to every case, see L-1 visa requirements explained (opens in a new tab).

What does an L-1 new office petition need to show?

The evidence depends on the role. For an L-1A manager or executive, the petition shows secured premises, a year abroad in an executive or managerial role with authority over the new operation, and a U.S. office that will support that role within 1 year. For L-1B, it shows premises, a qualifying U.S. entity and the money to pay the employee and start operating.

The regulation at 8 CFR 214.2(l)(3)(v) adds what the L-1A support test rests on. The petitioner shows the proposed nature of the office: its scope, its organizational structure and its financial goals. It shows the size of the U.S. investment and the foreign company's financial ability to pay the employee and start doing business. It also shows the foreign company's own organizational structure.

What counts as sufficient physical premises?

The petition must show that premises to house the new office have been secured. In practice, that usually means a signed lease or a purchase agreement, in place when the petition is filed. The regulation does not set a size. What matters is that the space fits the business the plan describes.

A plan and a lease should tell the same story. A plan for a distribution business with a warehouse team needs space for that work. A plan for a consulting firm that starts with 3 people needs much less. Officers compare the 2, so a mismatch raises questions.

What should be in place before the petition is filed?

A new office petition describes an office that is about to start, so several pieces need to exist before filing. The U.S. company should be formed, with its ownership matching the relationship with the company abroad. The premises should be secured. And the money to start operating should be available and traceable.

Each item becomes evidence. The formation papers show the qualifying relationship. The lease shows premises. Bank records show the investment and the financial ability to start operating. The plan ties them together into one account of how the office will run in its first year.

What does supporting a manager or executive within 1 year mean?

For L-1A, the U.S. office must be able to support a managerial or executive position within 1 year of approval. The person cannot spend the long term doing the day-to-day work alone. Under 9 FAM 402.12-9(B), a new office manager can be hands-on at first, but needs the authority and plans to hire staff.

That is why the hiring timeline matters so much. It shows who will handle sales, operations and administration, and when. By the end of year 1, the organization chart should show a manager directing others, or managing an essential function, rather than performing the tasks personally.

The FAM explains how officers assess a managerial role. They look at how many people report to the person and what those people do, how senior the person's supervisor is, whether the daily duties look like a manager's, and the authority to make significant decisions. A plan that answers those 4 points for year 1 is easier to assess.

Our article on the hiring plan and job creation schedule (opens in a new tab) shows how to build that timeline so it matches the payroll in the financials.

How much does a company need to invest in an L-1 new office?

No regulation sets a minimum dollar amount for an L-1 new office. Under 8 CFR 214.2(l)(3)(v)(C), USCIS looks at the size of the U.S. investment and the foreign company's financial ability to pay the employee and start doing business. The amount should fit the plan: premises, staff, equipment and working capital.

The use of funds and the projections connect here. If the plan shows 5 hires in year 1, the investment and the parent's finances should cover their salaries until revenue does. Bank records, wire transfers and the parent company's financial statements support the numbers.

What should the business plan cover for a new office?

A new office plan shows how the U.S. office starts, grows and supports the transferred role. Most plans cover the parent company, the U.S. company and how they connect, the market, the sales strategy, the organization and hiring plan, and 5-year financial projections. Each section answers a part of the new office test.

The plan should also be specific about the first year. A month-by-month or quarter-by-quarter timeline for opening, hiring and first sales makes the 1-year test easier to assess. For the full map of plan sections, see what goes into an immigration business plan (opens in a new tab).

What gaps weaken a new office plan?

Most weak new office plans share a few gaps. The duties of the transferred manager are vague. The hiring timeline is missing or slips past year 1. The projections are not tied to market data. Or the plan, lease and bank records describe different businesses. Each gap makes the 1-year test harder to assess.

A short checklist catches most of them before filing:

How long is a new office petition approved for?

USCIS approves a new office petition for up to 1 year, under 9 FAM 402.12-9(D). To extend it, the company must show that the U.S. office is now doing business: regularly and continuously providing goods or services. The extension filing looks back at the first year and forward at the next period.

That makes the first year a test of the plan. The extension filing shows the staff hired, the duties performed, the money spent and the business done. A plan with clear year-1 milestones gives the company a benchmark to work toward and report against. Our article on the L-1 new office extension (opens in a new tab) explains what the extension filing includes.

Government processing times are set by the authorities.

How is an existing U.S. office different from a new office?

An existing office has been doing business in the United States for at least 1 year. Its petitions follow the standard L-1 rules: the first petition can be approved for up to 3 years, and the new office evidence does not apply. The office already has staff, customers and financial records that show what it does. Extensions then follow in steps of up to 2 years, within the total stay limits for L-1A and L-1B.

A business plan still helps an existing office in some cases, for example when the transfer is tied to an expansion, a new product line or a new location. For an existing office, the projections build on the real financials, and the hiring plan shows how the new role fits into the team that already exists.

The difference matters at filing. A company that formed its U.S. entity some time ago but has not yet been doing business for a full year is generally still treated as a new office. Your attorney can confirm which rules apply to your company.

Can a new office use a blanket L petition?

No. Under 9 FAM 402.12-7(B), employees coming to open or work in a new office cannot use a blanket L petition. The blanket route requires a U.S. office that has been doing business for at least 1 year, plus size thresholds that most companies opening a first U.S. office do not meet. New office cases use an individual petition.

How does a new office differ from an E-2 company?

Both can bring a person to run a new U.S. business, but they test different things. A new office L-1 depends on a related company abroad and the employee's year with it. The E-2 depends on treaty nationality and a substantial investment. Each has its own rules and its own officer review.

We don't advise on which visa fits your situation. Your immigration attorney can confirm that. For the E-2 rules, see E-2 visa requirements explained (opens in a new tab).

Where does VisaPlans fit?

VisaPlans prepares the L-1 Business Plan (opens in a new tab), including new office plans with a first-year hiring timeline and 5-year projections. It draws on 15 years of immigration business plan expertise. Expert-trained AI writes the plan and a human specialist reviews every page. Delivery is within 3 business days of confirmed information. See pricing (opens in a new tab) for what is included.