Read the general business expansion overview
Before preparing a one-year startup narrative, identify what the U.S. organization already does and for how long. Adding an address does not alone establish that the petition qualifies for new-office treatment. The relevant history belongs to the actual organization and business activity.
Recover the operating history before naming the filing
Hypothetical example: a Canadian company calls a second U.S. site its new office, although its American subsidiary already invoices customers through an older location. Collect formation dates, first contracts, invoices, payroll and a description of activity at both addresses. Ask which organization would employ the transferee and which petition framework fits those facts.
Separate the applicant’s role from shareholder status
Document the qualifying corporate relationship and the applicant’s continuous year of qualifying employment abroad in the relevant three-year period, with individual timing reviewed. A minority interest does not substitute for managerial or executive duties. Describe authority over people or a qualifying function and who performs the underlying operational work. Establish a continuous full-time qualifying foreign year within the relevant three years; US days do not count, although qualifying brief trips do not automatically interrupt continuity. A new-office L-1A case specifically requires that foreign year in managerial or executive capacity.
Use the new-office requirements only when applicable
If the case is properly a new-office petition, sufficient physical premises must be secured and initial approval is limited to one year. For L-1A the operation must support a managerial or executive role within one year. Preserve dated evidence of the actual business development; a second lease and an optimistic staffing chart do not resolve the classification or extension requirements. New-office treatment concerns a US organization doing business for less than one year, measured by actual regular, systematic and continuous provision of goods or services rather than incorporation alone.
What else is on your mind?
Does being a business owner or director qualify me for L-1A?What employment history should an L-1 transfer review cover?What makes a new-office L-1A case different?Why does an L-2 spouse’s admission record matter for work?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.