L-1 new office extension: what USCIS reviews after year one

Why does an L-1 new office need an extension after one year?

A new office petition is approved for up to 1 year, under 9 FAM 402.12-9(D). The first petition rested on a plan. The extension rests on results. To continue the employee's L-1 status, the company must show U.S. Citizenship and Immigration Services (USCIS) that the U.S. office is now doing business.

Doing business means the regular, systematic and continuous provision of goods or services, as 9 FAM 402.12-8 defines it. The mere presence of an office or an agent does not count. The extension filing shows the business that actually happened during the first year.

For the rules that apply when the office opens, see L-1 new office requirements explained (opens in a new tab).

What does the extension filing need to show?

The regulation at 8 CFR 214.2(l)(14)(ii) lists the evidence for a new office extension. It looks back at the first year and forward at the role. Each item answers a specific question about whether the office became the business the first petition described.

For an L-1A manager or executive, the staffing and wages carry special weight. They show whether the office now supports a managerial or executive position, which was the promise of the first petition.

How does staffing affect an L-1A extension?

For L-1A, the extension shows who does the day-to-day work now that the office has run for a year. The organization chart and payroll records show the staff who report to the manager, their roles and what they were paid. Officers use the same factors as for any managerial role.

Those factors, from 9 FAM 402.12-12(B), include the number and duties of the people who report to the manager, the manager's authority to make significant decisions, and whether daily duties look like a manager's. A manager who still performs most operational tasks alone after a year is harder to fit into that test.

The Foreign Affairs Manual allows a new office manager to be hands-on at first. The extension is where the office shows it moved past that stage.

How should year one compare with the original plan?

The first petition's business plan sets expectations: hires, revenue, milestones. The extension is easier to read when actual results can be compared with that plan, and when any difference is explained. Plans change, and a clear explanation of why helps an officer understand the change.

For how the original hiring timeline is built, see the hiring plan and job creation schedule (opens in a new tab).

How can a company prepare during the first year?

Preparation starts on the day the office opens, not a few weeks before the extension is due. Most of the evidence is ordinary business paperwork. The work is to keep it organized and to track results against the plan as the year goes on.

The extension petition is filed on Form I-129 before the current petition expires. Your attorney sets the filing date. Government processing times are set by the authorities.

Does the business plan need an update for the extension?

Often it helps. The original plan described an office that did not exist yet. An updated plan can show what the office achieved in year 1, the current staff and structure, and the next period of growth, with projections built on real figures rather than estimates.

An updated plan carries more weight when its numbers match the financial statements, payroll and tax records filed with it. Projections for the next years should start from the actual year 1 results. For every section a plan covers, see what goes into an immigration business plan (opens in a new tab).

What happens after the first extension?

After a new office extension, later extensions are generally treated like those for an existing office, in steps of up to 2 years. The total stay limits still apply: 7 years for L-1A and 5 years for L-1B, including time in H status, under 9 FAM 402.12-14(C). For how the 2 types compare, see L-1A vs L-1B (opens in a new tab).

Where does VisaPlans fit?

VisaPlans prepares the L-1 Business Plan (opens in a new tab). For an existing office, projections build on its real financials, so an updated plan can start from year 1 results. 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.