EXPANDING OR ESTABLISHING YOUR BUSINESS IN THE UNITED STATES:
THE L1 VISA NEW OFFICE RULES

L Visa for Starting Business in US best immigration law firms 2014

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”?

New Office L Visa Rules for US business

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”?

Best Immigration Law Firm Certificate - Us Immigration Advisor

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.


US Embassy in India, New Delhi
Address
Shanti Path, Chanakya Puri 110021
Phone
Office: +91-11-2419-8000
Fax
Fax: +91-11-2419-8587
WebSite
US Embassy in India, New Delhi Website
US Consulate in India, Mumbai (Bombay)
Address
C-49, G-Block, Bandra Kurla Complex, Bandra East, Mumbai 400051
Phone
Office: (22) 2672-4000
WebSite
US Consulate in India, Mumbai (Bombay) Website
US consulate in Hyderabad
Address
Paigah Palace, 1-8-323, Chiran Fort Lane, Begumpet, Secunderabad 500 003
Phone
Office: +91-40-4033-8300
WebSite
US consulate in Hyderabad Website

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



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Eranjan Venura Parua
Eranjan Venura Parua
2 months ago

"After finding D&A through an internet search in 2020, my wife and I had several free consultations with David Cantor. Despite our initial attempt at filing for our E2 visa independently ending in failure, we decided to hire D&A for their expertise and support. Over the course of four long years, Verdie and Cristina were incredibly patient as we took our time to prepare for the E2 submission. Verdie became our E2 Attorney in 2021, and from the start, Verdie and Cristina's patience was evident. Despite our intermittent engagement over the years, they always treated us with the utmost attention. Working with Verdie and the D&A team was a pleasure; their professionalism and support were unwavering. Verdie's calm demeanor and succinct communication style made navigating the process much smoother, even during complex discussions. I wholeheartedly recommend Verdie and D&A - Davies & Associates, to anyone seeking an immigration law firm who can efficiently handle their case with precision and without unnecessary fanfare. Their ability to get things done speaks volumes about their dedication to their clients' success."

Jeremy Abernathy
Jeremy Abernathy
5 months ago

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.

Saeed Muhammad
Saeed Muhammad
6 months ago

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.

Satyabrat Chowdhury
Satyabrat Chowdhury
8 months ago

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.

Christine Envall
Christine Envall
a year ago

Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.

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