BERNER LAW

Extending Employee's "New Office" L-1 Beyond First Year

 

Following the first year, a “new office” L-1A visa may be extended upon presentation of evidence that the business is active and supports a manager or executive (“manager or executive” would generally be interpreted as an employee who has subordinates who are professionals (i.e. college graduates) or managers (i.e. persons who manage others)).  In determining whether to grant an extension, USCIS looks to whether a business has indeed been established.  USCIS considers the number of employees, the growth in business cash flow, a presence of significant customers, and other similar elements which reflect an ongoing, sustainable business venture.  

 

• How does an investor qualify his/her company for a new office L-1 petition?

• How does an employee qualify for L-1 status pursuant to a new office petition?

• Extending the new office L-1 status beyond the first year 

• Maximize the chances of a successful new office L-1 petition