If the employee is coming to the U.S., for the purpose of establishing a new office(s), they must meet the following requirements.
- The employer must show that they have secured sufficient physical premises to establish the new office;
- The employer must show that the employee was employed for one continuous year in a managerial or executive position within the three years before filing the petition; and
- The employer must demonstrate that the U.S. office will support the manager or executive within one year of the petition’s approval.
- Normally, there need to be comprehensive business plans in place. These plans need to detail the foreign and domestic entities, include financial accounts/statements, documentary evidence of investments, and the ability to pay employees (comprehensive recruitment plans are also beneficial).
New office petitions tend to be more document intensive and are only given for one year, however, it may be extended for two additional years up to a maximum of seven years. There are many entrepreneurs who are executives or managers that are able to immigrate to the U.S. by establishing a new office. The L-1A visa holder may have an option to pursue lawful permanent residence status via an EB-1.