“New Office L1a”

The "New Office L1A" visa category is designed for foreign employers who wish to send executives or managerial-level employees to the United States to establish a new office. This category allows multinational companies to expand their presence in the U.S. by initiating operations and creating a physical office or branch. Here are the key aspects of the New Office L1A visa:

Requirements for New Office L1A Visa:

1. Executive or Managerial Role:

• The employee being transferred to the U.S. must have been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition.

1. Sufficient Physical Premises:

• The employer must demonstrate that it has secured sufficient physical premises to house the new office. This involves providing evidence of a location for the new office, such as a lease agreement or proof of ownership.

1. Employment as Executive or Manager:

• The employee must have been employed in an executive or managerial capacity with the foreign employer. This could involve overseeing a significant portion of the organization's operations or managing a critical function.

1. Business Plan:

• The U.S. employer is usually required to submit a comprehensive business plan outlining the goals and objectives of the new office, the staffing structure, and the financial viability of the business.

1. Intent to Support Executive or Managerial Position:

• The intended U.S. office must be capable of supporting an executive or managerial position within one year of the approval of the petition.

Application Process:

1. File Form I-129, Petition for a Non-immigrant Worker:

• The U.S. employer files Form I-129 with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee. This form is used for non-immigrant worker petitions, including the L1A visa category.

1. Submission of Supporting Documents:

• Along with Form I-129, the employer submits supporting documents that demonstrate the qualifications of the employee, the financial capacity of the company, and the details of the new office.

1. Adjudication by USCIS:

• The USCIS evaluates the petition and supporting documents to determine whether the employer and the employee meet the requirements for the New Office L1A visa.

1. Consular Processing or Adjustment of Status:

• Once the petition is approved, if the employee is outside the U.S., they will go through consular processing to obtain the L1A visa. If the employee is already in the U.S., they can apply for an adjustment of status.