L-1 New Office Evidence

Leases, deeds, photographs, floor plans, occupancy evidence, or other documents can establish the premises appropriate to the business.

A new office petition must establish that sufficient physical premises have been secured to house the proposed US operation. The appropriate evidence depends on the business and may include a lease, deed, occupancy records, photographs, floor plans, utility records, or documents showing access to legitimate workspace. The premises should be consistent with the nature and expected scale of operations. A small professional business may need different space from a warehouse or retail operation, but the record should still show that the petitioner has secured premises suitable for the activities described in the petition.

The plan should address products or services, market, staffing, financial goals, operational timing, and the relationship to the foreign organization.

The new office record should explain how the US operation will become a real business within the first year. USCIS expects information concerning the proposed nature of the office, scope of the entity, organizational structure, and financial goals. A useful business plan addresses products or services, customers, market strategy, operating milestones, staffing, revenue assumptions, expenses, and the relationship to the foreign organization. Projections should be connected to actual resources and concrete launch steps so the plan demonstrates a credible path from a newly established office to qualifying operations.

Bank records, capitalization, foreign-company support, budgets, financial statements, and committed resources can establish the ability to commence business.

Financial evidence should show that the petitioner and qualifying foreign organization have the resources necessary to launch and support the US operation. Bank records, capitalization documents, budgets, financial statements, intercompany funding records, investment evidence, and approved expenditures can help demonstrate available resources. For L-1B new office cases, the regulation expressly requires financial ability to remunerate the beneficiary and commence doing business. For L-1A new office cases, USCIS also considers the size of the US investment and the foreign entity's financial ability when evaluating whether the planned operation can support the future role.

The staffing plan, business growth, outsourced functions, and organizational structure should support the future qualifying role.

An L-1A new office case must show that the intended US operation will support a managerial or executive position within one year after approval. USCIS evaluates the proposed nature of the office, staffing plan, organizational structure, investment, and financial goals in deciding whether that transition is credible. The beneficiary may perform some operational tasks during the startup phase, but the record should show authority and a realistic plan for the position to become primarily managerial or executive. The foreign qualifying year for this category must also have been in a managerial or executive capacity.

The petitioner must also show sufficient premises and financial ability to remunerate the beneficiary and commence doing business.

An L-1B new office beneficiary must independently qualify as a specialized knowledge worker. In addition, the petitioner must establish sufficient physical premises, that the US entity is or will be a qualifying organization, and that it has the financial ability to remunerate the beneficiary and commence doing business. The petition should explain why the beneficiary's specialized knowledge is needed during the launch and how the proposed duties will use it. Startup status does not reduce the specialized knowledge standard or substitute general usefulness for the required special or advanced knowledge.

Evidence should establish the qualifying relationship, continuing foreign business, organizational structure, financial capacity, and the beneficiary's qualifying employment abroad.

The foreign organization remains central to a new office filing. The record should establish the qualifying relationship, the foreign entity's continuing business activity, its organizational structure, and the beneficiary's qualifying employment abroad. For L-1A new office cases, the foreign employment relied upon must have been managerial or executive. Financial statements, tax records, payroll, ownership documents, organization charts, and business records can help show that the foreign company is a genuine operating organization capable of supporting the US launch. The petition should also explain how the US and foreign operations will remain connected.