The new office L-1 petition process enables a foreign employer to transfer one of its foreign executive or managerial employees to an executive or managerial position at a U.S. parent, branch, affiliate or subsidiary within the first year of the U.S. entity’s start of business. If awarded, the new office L-1A status allows the transferred employee to remain in the United States for an initial period of one year. 

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After the first year, the employee may renew his/her L-1A status for three two-year periods.  In practice, this allows a maximum stay in the United States of seven years in L-1A status (one year initial status plus three two-year status renewals).

 

Once in the United States, the employee in L-1A status may work in the United States only for the petitioning company.  The principal employee's spouse is awarded an employment authorization document and is not limited as to employers.

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How does a company qualify for an L-1 "New Office" Visa?

 

The employer abroad and in the U.S. must meet certain conditions in order to be eligible to apply for a new office L-1A petition.  As a general matter, these conditions are as follows:

 

New Office

The U.S. company must be a “new office” which has been doing business for less than one year – “doing business” is defined as providing regular, systematic, and continuous goods or services.