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

L-1 New Office Staffing

L-1 New Office Organizational Structure

How the initial and projected organization should demonstrate that the company can support an L-1A manager or executive within one year.

Legal guide Reviewed by Peter Messersmith Reviewed September 12, 2026 Primary sources linked below
U.S. structure Express regulatory factor
Foreign structure Also required
Goal Qualifying U.S. role within one year

What the governing framework requires

The L-1A new office regulation expressly requires information about the proposed organizational structure of the U.S. operation and the organizational structure of the foreign entity. The U.S. structure should show a credible path from startup operations to a company capable of supporting the beneficiary in primarily managerial or executive duties.

The company may begin with a lean organization

The new office framework recognizes that the U.S. operation is developing.

The initial chart should honestly identify who is actually employed at filing rather than presenting future hires as existing staff.

The projected chart should identify the organization expected by the end of year one

The plan should show which employees or managers will perform sales, production, administration, customer service, technical work, and other operational functions.

The resulting structure should support the claimed L-1A role.

The beneficiary's role should evolve with the company's development

Some startup tasks may be unavoidable early in the first year.

The business plan should explain how those tasks are transferred to staff as the operation develops.

The foreign company structure helps establish the multinational context

The regulation expressly requests information about the foreign entity's organizational structure.

That evidence can also support the beneficiary's qualifying employment abroad and the foreign company's ability to support the expansion.

Staffing plans should match revenue, capital, and the nature of the business

A plan to hire numerous employees should be financially plausible.

A company expecting limited sales should explain how projected payroll and management layers will be supported.

Use current and projected organizational charts separately

  • Current U.S. chart
  • Projected U.S. chart
  • Foreign company chart
  • Position descriptions
  • Hiring dates
  • Salary projections
  • Foreign payroll
  • Business plan

Frequently asked questions

Can a new office have only one employee initially?

Potentially, but the petition must establish that the operation can develop to support a qualifying managerial or executive role within one year.

Should future employees appear on the chart?

Yes when clearly identified as projected rather than current staff.

Why is the foreign organizational chart relevant?

The regulation expressly identifies the foreign organizational structure as part of the new office showing.

Must the beneficiary stop all startup work immediately?

The new office framework recognizes development, but the company must reach a qualifying organizational structure within the first year.

Should salaries be included?

Projected compensation can help establish that the hiring plan is realistic and financially supported.

Can staffing plans change during the year?

Businesses can evolve, but the company ultimately must demonstrate actual qualifying development at extension.

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)(3)(v)(C) expressly requires information regarding the U.S. and foreign organizational structures.
  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..

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