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Employment Immigration

L-1A New Office Extension: What USCIS Reviews After Year One

By Growth FLPC

By Kyle Farmer, Farmer Law PC, Austin, Texas.

Last reviewed: November 9, 2026.

Short answer: A new office L-1A lasts at most one year. To extend it, the employer must show the U.S. company has been doing business for that year, the companies still qualify, the manager’s duties, staffing and wages, and the U.S. company’s finances. Later extensions run up to 2 years each, to 7 years total.

If your company sent a manager or executive to open a U.S. office, book a free 15-minute intro call.

Why the first year is different

The L-1A visa lets a multinational company transfer a manager or executive to a related U.S. company. The law is INA 101(a)(15)(L), and the rules are in 8 CFR 214.2(l). A “new office” is a U.S. organization that has been doing business through a parent, branch, affiliate or subsidiary for less than one year (8 CFR 214.2(l)(1)(ii)(F)).

When the L-1A is for a new office, USCIS accepts that the U.S. company is not fully built yet. In exchange, the first approval is limited to one year (8 CFR 214.2(l)(7)(i)(A)(3)). At the end of that year, the company has to show that the plan it described is now a real, operating business that can support a managerial or executive role. For the overall L-1A program, see our L-1A visa page and L-1 visa for employers.

The five things the extension must show

Under 8 CFR 214.2(l)(14)(ii), a new office extension must include:

  1. The companies still qualify. Evidence that the U.S. and foreign companies are still a qualifying parent, branch, affiliate or subsidiary. The foreign company must also keep doing business abroad for the whole time the employee is in the U.S. (8 CFR 214.2(l)(1)(ii)(G)).
  2. A full year of doing business. Evidence that the U.S. company has been doing business for the previous year. “Doing business” means regularly, systematically and continuously providing goods or services. Simply having an agent or an office is not enough (8 CFR 214.2(l)(1)(ii)(H)).
  3. The manager’s duties, past and future. A statement of what the employee did during the past year and what they will do under the extension.
  4. Staffing. A description of the U.S. company’s staff, including the number of employees and their positions, with evidence of wages paid when the role is managerial or executive.
  5. Finances. Evidence of the U.S. company’s financial status.

The extension petition and the employee’s extension of stay are filed together on Form I-129, and the employee must be in the United States when the extension of stay is filed (8 CFR 214.2(l)(15)(i)). A petition extension can generally be filed only before the current approval expires (8 CFR 214.2(l)(14)(i)).

Manager or executive, not the person doing the work

The hardest question at year one is usually whether the employee is now primarily a manager or executive. The definitions focus on what the person primarily does (8 CFR 214.2(l)(1)(ii)(B), (C)):

  • A manager primarily manages the organization or a department or function, supervises other supervisory, professional or managerial employees (or manages an essential function), has authority to hire and fire or recommend those actions if they directly supervise employees, and exercises discretion over day-to-day operations.
  • An executive primarily directs the management of the organization, sets its goals and policies, has wide decision-making latitude and receives only general supervision from higher-level executives, the board or the owners.

In a one-year-old company, the manager often still sells, buys, answers customers or handles the books. Some of that is expected. The question is whether those tasks are now a small part of the job because other people do them. The duty statement should show how time is spent and who does the day-to-day work.

Small staff is not automatically a problem

The law says that if staffing levels are used to judge whether someone is a manager or executive, USCIS must consider the reasonable needs of the organization in light of its overall purpose and stage of development. Someone is also not a manager or executive just because of the number of people they supervise (INA 101(a)(44)(C)).

For a young office, that means the staffing has to make sense for the business. Useful records include an organizational chart with names, titles and duties; payroll records and wage reports; contracts with outside vendors or contractors who perform routine functions; and a hiring plan for the next period.

Evidence that usually helps

The rule lists categories, not specific documents. Companies commonly gather:

  • Federal and state tax filings, quarterly wage reports and payroll records for the U.S. company.
  • Bank statements, financial statements and the company’s tax return, if one has been filed.
  • Invoices, contracts and purchase orders that show regular sales of goods or services over the year.
  • The lease and photos of the premises in use.
  • Evidence that the foreign company is still operating, such as its recent financial statements.
  • A short business update comparing the original plan with what has happened, and what comes next.

How long you can stay after the first extension

Once a new office L-1A is extended, extensions are granted in increments of up to 2 years. The total time in L-1A status as a manager or executive cannot exceed 7 years (8 CFR 214.2(l)(15)(ii)). Many companies begin looking at the EB-1C green card for multinational managers once the U.S. company has been doing business for at least one year (8 CFR 204.5(j)(3)(i)(D)). See our page on moving from L-1A to an EB-1 green card.

How Farmer Law PC helps

Our experienced attorneys work with foreign companies opening U.S. offices. Before year one ends, we review the U.S. company’s operations, staffing and records against the extension rules, prepare the duty statement and organizational chart with you, and file the extension petition. We also help plan the hiring and records the company will need for later extensions and a green card.

FAQ

How long is the first L-1A for a new office?
Up to one year. A new office L-1A petition may be approved for no more than one year, and then the employer must show the U.S. company is doing business to extend it.

What does USCIS need to extend a new office L-1A?
Evidence that the companies still qualify, that the U.S. company has been doing business for the past year, the employee’s past and future duties, the U.S. staffing with evidence of wages paid, and the U.S. company’s financial status.

How long is a new office L-1A extension?
Extensions are granted in increments of up to 2 years. The total time in L-1A status as a manager or executive cannot exceed 7 years.

Can a small U.S. office support an L-1A extension?
It can. USCIS must consider the reasonable needs of the company in light of its purpose and stage of development, and a manager is not judged only by headcount. The staffing still has to fit the business.

When should we start preparing the extension?
Well before the one-year approval ends. A petition extension generally must be filed before the current approval expires, and the records it relies on, like payroll and sales, take months to build.

Talk with us

If your company has a manager or executive in a new U.S. office, book a free 15-minute intro call with one of our attorneys, or call (512) 588-5909.