EXPANDING OR ESTABLISHING YOUR BUSINESS IN THE UNITED STATES:
THE L1 VISA NEW OFFICE RULES
- Agriculture & Commodities Industry Practice
- Commercial Manufacturing & Production Industry Group
- Energy Practice Group
- Fashion Industry
- Information Technology
- Logistics & Warehousing Practice
- Retail Practice
- Startup & Emerging Business
- Mobile Application & Social Media
- India Practice Group
- Investors and Entrepreneurs
- Consulting & Service Oriented Businesses
- Visa Franchise Practice
- Medical Professionals
- Moving from Australia to US
- Emigrate to & from Canada
- Moving from Germany to US
- Grenada Citizenship by investment
- Italian Citizenship & Residency
- Moving from Philippines to US
- Portuguese Residency By Investment
- Moving from Singapore to US
- Moving from Taiwan to US
- Turkish Citizenship
- Moving from United Kingdom to US
- Immigration to the United Kingdom
- Moving from Vietnam to US
What are the L1 Visa “New Office Rules”?
Overview. The United States has large numbers of incentives to encourage foreign businesses to come to and open new offices in the United States. The SBA is a good source of information on US Government financial assistance available for new businesses.
US immigration also assists to foreign businesses starting-up a new business or office in the United States. This is assistance comes in form of the New Office Rules.
The L1 Visa New Office Rules are applied in L inter-company transfer visa cases where the US “affiliate”, “branch” or “subsidiary” to which an L Visa employee is to be transferred has been “doing business” in the United States less than one year .
“Doing business” means that your us business is operationally active and regularly and actively providing goods and/or services in the United States. Mere presence of a single employee in the United States does not constitute “doing business”.
Exceptions. There are circumstances where USCIS may subject an older business to the “L1 Visa New Office Rules”. This is especially the case where the US entity has not: (a) been actively doing business; (b) maintained business premises over the course of the previous year; or (c) while properly formed the US business has not been actively operational.
Expert Guidance. Ultimately whether or not your business is likely to be subject to the “New Office Guidelines” is a question requiring specialist advise from an experienced immigration lawyer familiar with Indian L visa cases.
What are the Implications of the L1 Visa “New Office Rules” for Indian L-1 Visa Applicants?
If your application is deemed as subject to the L1 Visa “New Office Rules” then:
Increased Scrutiny. A business subject to the “New Offices Rules” is also likely to be subjected to increased scrutiny as to the legitimacy of the US business.
Extra Documentation. You will need to provide USCIS with certain detailed additional documentation. Our L1 Visa Immigration lawyers are experienced in what documentation needs to be produced and how it should be presented.
Business Plan. USCIS has informed the American Immigration Lawyer’s Association that a business plan that shows how your business meets the requirements of the law is critical in these cases. More information on business plans is available by clicking here.
Visa Validity Period. You are likely to be granted a visa valid for a period of only one year after which time you will need to clearly demonstrate that your business has grown to the point where issuance of a longer-term L visa is truly justified.
What Additional Documentation do I Need to Satisfy the L1 Visa “New Office Rules”?
While there are specific documents that will need to be produced it is important that you create an overall impression of a real, operating, business. Our L1 visa lawyers are familiar with the documentation typically used to evidence this and are happy to answer your specific questions.
What is the Single Most Important Element of a New Office L Visa Application?
The business plan, including schedules of all employment to be created in the first year, is the most critical part of an L visa application.
Is it Possible for a New Business to Avoid Application of the L1 Visa “New Office Rules”?
Davies & Associates have identified certain circumstances where a new US business can avoid application of the L1 Visa “New Office Rules”. Potential L visa applicants can contact our firm for further details.
L1 Visa New Office Rules & The Business Plan
Guidance from the US government is unequivocal that an immigration business plan is completely indispensable in L1 Visa New Office Rules cases. The business plan in these cases needs to clearly explain how you will fulfill the role of an international executive or manager within one year.
How Successful is Davies & Associates with Indian L-1 Cases Involving the L1 Visa “New Office Rules”?
In the fifteen years prior to the publication of these materials every case we have filed where the L1 Visa New Office Rules are applicable has been approved. While there can never be any guarantees our Indian clients have appreciated our success in this area.
India is a nation of entrepreneurs and business owners, many of whom seek their fortunes overseas. Click here for more information about Immigration Options for Indian Nationals and Businesses
Contact Davies & Associates Offices in India
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New Delhi Office
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Regus UB City, Level 15 Concorde Tower, UB City, 1 Vittal Mallya Road, Bangalore, India 560 001
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I had the pleasure of working with Verdie and Nessa to obtain my E2 Visa. Their in-depth knowledge and experience allowed me to be fully prepared in my application and they were able to answer all questions leading up to the Visa interview.
Verdie was an amazing attorney, providing exceptional client care throughout the process. He had a great depth of knowledge in all areas on business visas in the US.
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.
everyone helped me alot in my application especially Verdie and Etta and mark. answered all my questions, prepared my application very organised. EXCELLANT TEAM.
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.L1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.U Visa Applicant, A Victim of Crime
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