Employers in the United States can move executives and managers to their U.S.-based offices using the L-1A nonimmigrant classification. Companies that don’t already have a U.S. office but wish to establish one can also use this classification.
The US government must approve the relevant documents if employers meet the requirements. Some commonly asked questions are answered here, along with the L-1A petition filing process.
Process for Petitioning for a New Office in L-1A
If you want to build a new office in the United States, Pollak Immigration, PLLC can assist with the petition process for an L-1A New Office Visa. Here are the L-1A new office petition procedures and papers needed.
Who Can Establish An L-1 New Office In The United States?
Within the previous three years, an L-1A beneficiary must have worked for the foreign company in an executive or managerial capacity for at least one year.
Added conditions consist of:
- Running an international business with other managers and several degreed experts.
- Having complete discretion over how the foreign corporation conducts its business.
- The control of a division or branch of the foreign company.
L-1A managers and executives should typically be in charge of at least 15 to 20 workers.
Although the legislation permits “Specialized Knowledge” transfers, most L-1 new office files are typically more successful with managers or executives. In rare cases, employment for a year or more in a specialized knowledge capacity may also be successful.
Basic Requirements For Opening An L-1 New Office
These are additional prerequisites that a business must make sure are completed if it wishes to use this procedure to open a new office:
- A physical location must be found for the new office by the employer. Renting or buying a property that will be used for a business office is evidence that the company has rented or bought it.
- The candidate must have held a managerial or executive position with the same company for at least a year within the three previous years).
- Once the petition is approved, the U.S. office will support the managerial or executive post (the one the existing executive or manager will fill).
You need to have enough documentation because USCIS will ask you to substantiate these things. Your attorney can answer any questions and assist you in determining what constitutes sufficient paperwork.
