The L-1A visa lets a multinational company send a manager or executive to the United States, and it also lets a company open its first US office. That second use, the new office petition, is common for founders expanding a company built abroad. The regulation defines a new office as "an organization which has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year" (8 CFR 214.2(l)(1)(ii)(F), eCFR).
As of October 26, 2026, the rules for new offices are stricter than for established ones in two ways: what you must show up front, and a one-year first approval. This guide covers both.
- A new office is an organization that has been doing business in the US through a related entity for less than one year.
- The petition must show secured physical premises for the new office.
- The beneficiary needs one continuous year of managerial or executive employment abroad in the prior three years.
- The plan must show the US operation will support a managerial or executive position within one year.
- A new office L-1 petition may be approved for no more than one year.
- The extension requires proof of doing business for the previous year, staffing, wages paid and the US entity's finances.
What must a new office petition show?
For a manager or executive, the petitioner "shall submit evidence that" (8 CFR 214.2(l)(3)(v), eCFR):
| Requirement | What the regulation says |
|---|---|
| Premises | "Sufficient physical premises to house the new office have been secured" |
| Experience abroad | The beneficiary "has been employed for one continuous year in the three year period preceding the filing of the petition in an executive or managerial capacity" |
| Authority | The proposed employment "involved executive or managerial authority over the new operation" |
| One-year viability | The US operation "within one year of the approval of the petition, will support an executive or managerial position" |
The one-year viability showing must be "supported by information regarding" the proposed nature of the office, "describing the scope of the entity, its organizational structure, and its financial goals"; "the size of the United States investment and the financial ability of the foreign entity to remunerate the beneficiary and to commence doing business"; and "the organizational structure of the foreign entity" (same).
In practice, that means a detailed business plan with a hiring timeline, proof of the money being invested, and the foreign company's financial statements and organization chart.
Does the company need a qualifying relationship?
Yes. Both companies must be qualifying organizations, meaning one of the listed relationships, parent, branch, subsidiary or affiliate, and each must be "doing business" as an employer in the United States and at least one other country for the duration of the stay. "Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office" (8 CFR 214.2(l)(1)(ii)(G)-(H), eCFR). The foreign company has to keep operating while you are in the United States.
What if you own the company?
Expect an extra requirement. "If the beneficiary is an owner or major stockholder of the company, the petition must be accompanied by evidence that the beneficiary's services are to be used for a temporary period and evidence that the beneficiary will be transferred to an assignment abroad upon the completion of the temporary services in the United States" (8 CFR 214.2(l)(3)(vii), eCFR). The L-1 still allows dual intent, but this provision means owner-founders should document the temporary nature of the assignment.
Can an L-1B open a new office?
Yes, with a slightly different list. If the beneficiary is "coming to the United States in a specialized knowledge capacity to open or to be employed in a new office," the petitioner must show that sufficient physical premises have been secured, that the US entity "is or will be a qualifying organization," and that "the petitioner has the financial ability to remunerate the beneficiary and to commence doing business in the United States" (8 CFR 214.2(l)(3)(vi), eCFR). There is no requirement to show the operation will support a managerial role, because the beneficiary is not coming as a manager. The same one-year limit on the first approval applies. Companies often send a specialized knowledge employee to set up technical operations alongside, or instead of, a manager.
How long is the first approval?
One year at most. "If the beneficiary is coming to the United States to open or be employed in a new office, the petition may be approved for a period not to exceed one year, after which the petitioner shall demonstrate... that it is doing business" to extend (8 CFR 214.2(l)(7)(i)(A)(3), eCFR). Other individual L-1 petitions can be approved for up to three years.
What does the extension require?
Proof that the plan worked. A new office petition is extended by filing a new petition "accompanied by" (8 CFR 214.2(l)(14)(ii), eCFR):
- Evidence that the US and foreign entities "are still qualifying organizations."
- Evidence that the US entity "has been doing business... for the previous year."
- "A statement of the duties performed by the beneficiary for the previous year and the duties the beneficiary will perform under the extended petition."
- "A statement describing the staffing of the new operation, including the number of employees and types of positions held accompanied by evidence of wages paid to employees."
- "Evidence of the financial status of the United States operation."
The staffing point is where many extensions struggle. If the founder is still doing all the hands-on work after a year, it is hard to show a managerial or executive role.
How do small companies show a managerial role?
By the nature of the duties, with staffing judged in context. The regulation defines managerial capacity as an assignment in which the employee "primarily" manages the organization or a function, supervises professionals or "manages an essential function," and "exercises discretion over the day-to-day operations" (8 CFR 214.2(l)(1)(ii)(B), eCFR). Executive capacity means primarily directing management, establishing goals and policies, and exercising "wide latitude in discretionary decision-making" (8 CFR 214.2(l)(1)(ii)(C)).
The statute adds a protection for young companies. If staffing levels are used as a factor, the government "shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development" (8 U.S.C. 1101(a)(44)(C)). That helps, but it does not replace evidence that someone other than the beneficiary is doing the day-to-day operational work, whether employees or contractors.
What comes after the L-1A?
Often a green card through EB-1C, the multinational manager or executive category, which needs no labor certification. EB-1C requires that the US employer "has been doing business for at least one year" (8 CFR 204.5(j)(3)(i)(D), 2025 edition), so it usually follows the new office stage. Our guides to EB-1C for multinational managers and L-1 to green card explain that path. If your role is specialized knowledge rather than management, the rules differ; see our guide to L-1A versus L-1B.
What this means for you
- Confirm the qualifying relationship between the foreign and US companies before anything else.
- Sign a lease that fits the planned operation; a virtual address may not satisfy the premises requirement.
- Document a year of managerial or executive work abroad within the last three years.
- Write a business plan with a realistic hiring timeline and proof of funding.
- From day one, keep payroll, contracts and financial records ready for the one-year extension.
Where to start
Our free evaluation at /evaluate/ compares your record against the O-1A, EB-1A and EB-2 NIW standards, which some founders use alongside the L-1A. Frank, our AI assistant at /frank, finds real opportunities to strengthen your profile. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 26, 2026.
- 8 CFR 214.2(l) (eCFR, current text). New office definition; qualifying organization and doing business; new office evidence; owner requirement; one-year validity; extension requirements; managerial and executive capacity.
- 8 CFR 204.5(j) (govinfo, 2025 edition). EB-1C one-year doing-business requirement.
- 8 U.S.C. 1101(a)(44) (Cornell LII). Staffing levels and stage of development.
Frequently asked questions
What is an L-1A new office petition?
It is an L-1A petition for a manager or executive coming to open, or work in, a US office that has been doing business through a parent, branch, affiliate or subsidiary for less than one year. Because the US entity is new, the petition relies on a business plan showing the operation will support a managerial or executive position within a year, and the first approval is limited to one year.
Do I need an office lease for an L-1A new office?
You need sufficient physical premises secured to house the new office. The regulation lists this as required evidence for both managers and executives and for specialized knowledge workers opening a new office. A lease or similar commitment that fits the planned operation is the usual evidence. A virtual office address may not show sufficient premises.
How long is an L-1A new office approval?
Up to one year. The regulation says a petition for a beneficiary coming to open or be employed in a new office may be approved for a period not to exceed one year, after which the petitioner must show it is doing business to extend. Regular L-1 petitions can be approved for up to three years initially.
What do I need to renew an L-1A new office petition?
Evidence that the US and foreign entities are still qualifying organizations, that the US entity has been doing business for the previous year, a statement of your duties over the past year and going forward, a description of the staffing with evidence of wages paid, and evidence of the US operation's financial status. Thin staffing and little revenue are the common problems.
Can I use an L-1A new office to get a green card later?
Often, through the EB-1C category for multinational managers and executives, which needs no labor certification. But EB-1C has its own requirements, including that the US company has been doing business for at least one year, so it typically comes after the new office stage. Owners also face extra scrutiny of whether their role is genuinely managerial or executive.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
