December 25, 2025

Transferring Employees to a New U.S. Office Under the L-1 Visa

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For companies abroad looking to expand into the United States by opening a branch, subsidiary, or affiliate, the L-1 visa provides a clear pathway. This visa allows a foreign employer to transfer qualified personnel to a U.S. office, including newly established locations, as long as certain requirements are met. There must be a valid corporate relationship between the foreign company and the new U.S. entity, and the U.S. office must be engaged in regular business operations.

For a new U.S. office, the employer must secure suitable premises and show financial ability to operate and pay transferred employees. The employee must have worked full-time for the foreign company for at least one continuous year within the past three years. L-1A transfers must be in managerial or executive roles, while L-1B transfers involve specialized knowledge. For new offices, L-1A employees must demonstrate that the U.S. entity will be capable of supporting managerial or executive functions within one year.

The initial stay for a new office under L-1 is one year. For established offices, the initial period is up to three years, with possible extensions. L-1A extensions can reach a total stay of seven years, while L-1B extensions can reach five years.

Using the L-1 visa to expand to the U.S. allows businesses to quickly deploy experienced staff to lead operations without needing to recruit locally for key positions. Employees gain the opportunity to work in the U.S. and, in some cases, pursue permanent residence.

If your company is considering opening a U.S. office or transferring employees, our team can guide you through the process and ensure all documentation meets USCIS requirements. Contact Agarwal Law Group at 703-348-1663 to discuss your options.

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