L-1A New Office

For the beneficiary to be a manager or executive who will open or be employed in a new office in the United States, you must show that:

  • There is a suitable physical location for the new office
  • The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

While the first requirement is generally straightforward, the second is more difficult.

When opening a new office in a new country, it can be difficult to establish it within one year. Petitioners are often denied because they did not employ adequate or sufficient personnel.

Offices must have enough employees for the beneficiary’s position to be considered executive or managerial. Financial goals, organizational structure, and financial ability must all be in place after one year, but this is often difficult for new offices.

The USCIS requires the following information regarding:

  • The proposed nature of the new office, describing the scope of the entity, it’s organizational structure and its financial goals

(evidence such as an original letter from the foreign entity, the feasibility study, the business plan, minutes of meetings, line and block organizational chart);

  • The size of the U.S. investment and the financial ability of the foreign entity to remunerate the beneficiary and commence doing business in the United States

            (evidence such as proof of contribution, paid services, tax documents, financial                 statements, annual report, bank statements, and letters from bank);

  • The organizational structure of the foreign entity

           (evidence such as the foreign entity’s organizational chart/diagram).

What We Do: Acting as the client’s legal department, Tsang and Associates evaluates the company and goes beyond typical legal counsel. For clients, we have created company websites, hired new employees, and built organization charts that proved a clear hierarchical view of the company’s leadership from top to bottom. We have experience with the standards of the USCIS and will help you satisfy them.

The success of the filing is determined largely in the planning process, which T&A is experienced in creating.