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The Messersmith Law Firm, P.A. U.S. Investor and Business Immigration Law

L-1 New Office Operations

L-1 New Office Doing Business Requirement

How a newly established U.S. company moves from startup preparation to regular, systematic, and continuous provision of goods or services.

Legal guide Reviewed by Peter Messersmith Reviewed September 12, 2026 Primary sources linked below
Standard Regular, systematic, continuous
Mere office Insufficient
Extension Actual U.S. business evidence required

What the governing framework requires

A new office may begin before it has completed one year of U.S. business operations, but the first extension requires evidence that the U.S. entity has been doing business during the previous year. Doing business means regular, systematic, and continuous provision of goods or services and does not include the mere presence of an agent or office.

Formation and preparation should lead to commercial activity

Entity formation, leases, bank accounts, licensing, and equipment may be necessary startup steps.

Those actions should develop into actual provision of goods or services.

Customer activity can demonstrate that the U.S. company is commercially active

Contracts, purchase orders, invoices, sales receipts, subscriptions, or service records can establish real operations depending on the business.

Revenue is useful evidence but no single dollar threshold defines doing business

The regulatory definition focuses on regular business activity rather than one fixed revenue amount.

Financial records should be evaluated together with the company's industry and stage of development.

One isolated transaction may not establish regular and continuous operations

The record should demonstrate ongoing business activity appropriate to the enterprise.

Recurring customers, continuing contracts, regular invoices, payroll, or other operating records can help establish continuity.

The multinational organization must continue operating outside the United States

The U.S. company's development does not eliminate the broader qualifying organization requirement.

Foreign doing-business evidence remains important at extension.

Maintain operational evidence throughout the first year

  • Customer contracts
  • Invoices
  • Bank statements
  • Sales records
  • Vendor records
  • Payroll
  • Tax filings
  • Licenses
  • Service records

Frequently asked questions

Must a new office have revenue immediately?

No fixed immediate revenue threshold appears in the regulation, but the company should develop into actual doing business.

Is incorporation enough to show doing business?

No. The regulation expressly excludes mere presence of an agent or office.

Do contracts help?

Yes. Genuine contracts and corresponding performance can be strong evidence of business operations.

Does one customer qualify?

The analysis depends on the nature of the business and whether activity is regular, systematic, and continuous.

Must the foreign company continue operating?

Yes, the qualifying organization generally must continue doing business in the United States and at least one other country.

Why is doing business critical at the first extension?

The extension regulation expressly requires evidence that the U.S. entity has been doing business during the previous year.

Primary authorities and official guidance

This guide was reviewed against the following government sources. Agency pages and regulations can change; confirm current editions and filing instructions before acting.

  1. USCIS Policy Manual, Volume 2, Part L — Intracompany Transferees 8 C.F.R. §214.2(l) defines doing business and the new office extension regulation requires evidence of U.S. doing business during the prior year.
  2. USCIS Policy Manual, Volume 2, Part L, Chapter 8 — Documentation and Evidence Current USCIS guidance on evidence used to evaluate L-1 petitions.
  3. 8 C.F.R. § 214.2(l) — Intracompany Transferees Federal regulation governing L-1 classification, new offices, qualifying relationships, and extensions.
  4. 9 FAM 402.12 — Intracompany Transferees Department of State guidance governing L visa adjudication.
Editorial note: This page provides general legal information, not a prediction of outcome or legal advice for a particular matter. Legal content reviewed by Peter Messersmith , Senior Immigration Attorney, The Messersmith Law Firm, P.A..

Case-specific review

Document operations throughout the first year

A review can identify whether the U.S. company's actual commercial activity is sufficient for the first extension.

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