What is the process for sponsoring an employee for a green card?

Sponsoring an employee for permanent residency typically involves multiple steps, including obtaining a labor certification through the PERM process, filing an immigrant petition, and ensuring the availability of a visa number. The process involves strict documentation and adherence to deadlines to avoid setbacks.

What documentation is required to prove an applicant's educational qualifications?

You must provide official academic transcripts, diplomas, and, for foreign degrees, a credential evaluation establishing U.S. equivalency. In some cases, experience letters may be needed to demonstrate that your background meets the specific requirements of the employment category.

What responsibilities do employers have regarding the prevailing wage?

For many employment visa programs, employers must obtain a Prevailing Wage Determination (PWD) from the Department of Labor to demonstrate that hiring a foreign national will not negatively affect the wages of U.S. workers. The employer is required to pay at least the prevailing wage for the intended occupation in the proposed area of employment.

Can family members join me in the United States if my employment-based petition is approved?

Yes, spouses and unmarried children under the age of 21 generally qualify as derivative beneficiaries. They may apply for immigrant visas alongside the primary applicant.

What are the risks of employer non-compliance with employment-based immigration rules?

Non-compliance can lead to consequences that include fines, penalties, and even suspension from federal contracts. Employers found to have violated immigration laws can also face audits and damage to their reputation. Proper documentation, timely renewals, and transparency in the hiring process are key to mitigating these risks.

Chicago New Company L-1 Visa Attorneys

NEW COMPANY L-1A VISA

Opening and investing in a new office (parent, subsidiary, branch, branch office, or affiliate) of a foreign company in the United States can create a powerful pathway for international businesses seeking to expand into the American market. For many entrepreneurs and multinational companies, the New Company L-1A visa serves as a strategic immigration option that allows a foreign company to transfer an executive or manager to the United States to establish operations.

Importantly, the New Company L-1A visa may also pave the way toward permanent residency (commonly called a “green card”) and lawful permanent residence through the EB-1(c) Multinational Manager or Executive immigrant category, which does not require labor certification from the U.S. Department of Labor.

For companies seeking both U.S. market expansion and long-term immigration solutions, the L-1A visa is often one of the most flexible and powerful options available.

What Is a “New Office” Under the L-1A Visa Rules?

Under U.S. immigration regulations, a “new office” refers to an organization that has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year.

To qualify, the company must be actively doing business. The mere presence of an agent or an office is not sufficient to satisfy the requirement.

Instead, the U.S. company must demonstrate that it is engaged in regular, systematic, and continuous business operations, including the continuous provision of goods or services.

New Office L-1A Visa Requirements

To establish eligibility for a New Company L-1A petition, the petitioning employer must demonstrate several critical elements. The petitioning employer must establish the applicant’s eligibility by meeting all regulatory criteria.

The petitioner must submit evidence that:

Sufficient physical premises have been secured for the new U.S. office, usually demonstrated through a lease agreement or other proof of commercial space.
The beneficiary has worked for a related entity abroad for at least one continuous year within the three years immediately preceding the filing of the petition, in an executive or managerial capacity.
The new U.S. operation will support an executive or managerial position within one year of approval, and the business plan should include specific job titles to demonstrate operational readiness.

Only qualified employees in executive or managerial roles are eligible for the New Company L-1A.

Evidence and Business Plan Required to Prove the U.S. Office Will Support an Executive or Manager

Because the U.S. company is newly established, USCIS focuses heavily on future growth projections and business viability.

To demonstrate that the new office will support an executive or managerial role within one year, the petitioner should provide detailed information regarding:

Nature of the Business

The petitioner should describe:

The scope of the U.S. entity
The business activities
The expected market position
Organizational structure

Investment and Financial Ability

USCIS will review evidence regarding:

The size of the U.S. investment
The financial ability of the foreign company to fund operations
The company’s ability to pay the beneficiary’s salary and commence operations

Organizational Structure

Evidence should include:

Organizational charts
Management hierarchy
Personnel hiring plans that identify key personnel who will oversee critical business functions
Description of staffing structure

Because the case is largely forward-looking, it is strongly recommended that a detailed and credible business plan be included. The business plan should contain:

Financial projections
Hiring projections
Revenue projections
Operational plans for the first 3–5 years
A clear outline of how the company will achieve its financial goals.

The business plan should also address the company’s ability to support a managerial, executive, or specialized knowledge position within the first year.

A well-prepared business plan can be one of the most important pieces of evidence in a new office L-1A petition.

When describing the executive or managerial position, it is important to note that the beneficiary will hold an executive position and will be primarily responsible for managing an essential function of the organization.

Additionally, submitting thorough supporting documentation is crucial to demonstrate eligibility and compliance with immigration regulations.

Initial L-1A Approval for New Offices

Unlike regular L-1A petitions for established companies, new office L-1A petitions are typically approved for a maximum initial stay of only one year to allow the company to demonstrate progress during the initial phases of business operations.

After the first year, the company must apply for an extension of stay. Extensions are typically granted in two year increments, up to a maximum limit of seven years for L-1A status.

To approve an extension, USCIS typically reviews evidence demonstrating that the company has become active and operational, including:

Number of employees hired
Growth in cash flow
Presence of significant customers or clients
Revenue generation
Operational activity of the business

These factors help determine whether the company can now support a managerial or executive role on an ongoing basis.

L-1A Status as a Pathway to the EB-1(c) Green Card

After successfully establishing the U.S. operation and obtaining the first L-1A extension, the company may be eligible to pursue permanent residence for the executive or manager under the EB-1(c) Multinational Manager or Executive category. Eligibility for the EB-1(c) category is determined under the Immigration and Nationality Act.

To qualify for the EB-1(c) Green Card, the foreign national must have:

Worked outside the United States for at least one year within the three years preceding the petition, and
Been employed in a managerial or executive capacity for the foreign company.

Because the EB-1(c) category does not require PERM labor certification, the U.S. company can directly file Form I-140 (Immigrant Petition for Alien Worker) with USCIS.

Depending on the applicant’s country of birth and visa availability, the company may file the I-140 petition and Form I-485 adjustment of status application concurrently, allowing the applicant and their family members to obtain employment authorization and travel permission while the green card application is pending.

Common Reasons New Company L-1A Cases Get Denied

Many denials come down to one of a few recurring issues: the foreign employment was not truly executive or managerial, the U.S. role is too operational, the company relationship is poorly documented, the office premises are weak or not credible, or the business plan does not show how the U.S. entity will support the role within one year. Another major problem is filing a “founder story” instead of a legal case. USCIS is not approving ambition alone. It wants documentary evidence that the corporate structure, staffing model, and operating plan actually fit the L-1A framework.

How HSD Immigration Lawyer Helps With New Company L-1A Cases

At HSD Immigration Lawyer, we do more than prepare forms. We provide comprehensive immigration services to support clients through the L-1A process. We help clients build a case theory. Our office works on issues such as:

analyzing whether the foreign company and U.S. company have a qualifying relationship
assessing whether the beneficiary’s foreign role meets executive or managerial standards
analyzing the company’s international trade activities as part of L-1A eligibility assessment
drafting detailed support letters and job descriptions
shaping business plans and first-year staffing projections
reviewing lease, capitalization, payroll, and tax evidence
preparing for extension strategy from the initial filing stage
planning future options such as EB-1C multinational manager or executive green card cases

For founders, small businesses, and global companies entering the U.S. market, a New Company L-1A filing is often a high-stakes business immigration project. A well-prepared petition can open the door to U.S. expansion. A poorly prepared one can create delays, RFEs, or denials that are harder to fix later.

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Frequently Asked Questions

What is a New Company L-1A visa?

A New Company L-1A visa allows a qualifying foreign business or other qualifying organizations, which may include a foreign office related to the new U.S. entity, such as foreign branches, to transfer an executive or manager to the United States to establish a new office. The U.S. business usually must be related to the foreign company as a parent, branch, subsidiary, or affiliate. This route is often used by companies expanding into the U.S. market for the first time. USCIS specifically recognizes new-office L-1A filings as part of the L-1A intracompany transferee category.

Who qualifies for a New Company L-1A?

To qualify, the beneficiary, who is considered a nonimmigrant worker under U.S. immigration law and must have worked for the same employer abroad, generally must have worked abroad for a qualifying organization for one continuous year within the relevant qualifying period in an executive or managerial capacity, and must be coming to the United States to work in an executive or managerial capacity for a qualifying related U.S. entity. USCIS also expects the new office to have secured sufficient premises and to be capable of supporting the intended role within one year.

Can I start a company in the U.S. and sponsor myself for L-1A?

In many cases, yes, but the structure must be handled carefully. The key issue is not simply ownership. The legal question is whether there is a valid qualifying relationship between the foreign company and the new U.S. company, and whether the beneficiary truly worked abroad in a qualifying executive or managerial role before the transfer. As part of the petition process, the foreign employer must be properly documented and verified to establish eligibility and compliance with USCIS requirements. Self-owned structures can work, but they are heavily scrutinized, especially where the record suggests the beneficiary will mainly perform day-to-day operational work rather than high-level executive or managerial duties. That is why the business plan, org chart, capitalization, staffing plan, and role description matter so much. USCIS requires a bona fide U.S. employer-petitioner and documentation supporting the proposed executive or managerial employment.

Additionally, an individual petition must be filed for each qualifying employee unless the company is eligible for and uses a blanket petition.

How much ownership is required for a New Company L-1A?

There is no single statutory percentage ownership requirement that applies to every case. What matters is whether the foreign and U.S. entities have a qualifying corporate relationship such as parent, subsidiary, affiliate, or branch. In practice, ownership documents, share certificates, operating agreements, stock ledgers, and corporate resolutions are often central to proving eligibility. It is essential to show that the foreign entity has a documented relationship with the U.S. company, establishing the necessary organizational link for L-1A purposes. A weak ownership and control record can sink an otherwise promising case. USCIS expressly requires evidence of the qualifying relationship.

Do I need an office lease before filing a New Company L-1A?

Usually, yes. USCIS requires evidence that the new U.S. office has secured sufficient physical premises to house the business. While the exact type of space can vary depending on the nature of the company, a vague plan to lease space later is usually not enough. Lease agreements, coworking arrangements with defined office rights, warehouse agreements, and photos of the premises may all help. For many new-office cases, the office lease is one of the first pieces of evidence USCIS looks for. A signed lease is often required to demonstrate that the company has legally secured sufficient physical premises.

How long is the initial New Company L-1A approval valid?

A new-office L-1A approval is generally limited to one year. This shorter approval period reflects USCIS’s expectation that the petitioner will use the first year to establish real U.S. operations and then file an extension showing that the business has grown enough to support the executive or managerial role on an ongoing basis.

What documents are needed for a New Company L-1A petition?

Although every case is different, common evidence includes formation documents for both companies, proof of the qualifying corporate relationship, proof of the beneficiary’s qualifying employment abroad, a detailed job description abroad and in the U.S., payroll or tax records, business plan, financial projections, office lease, organizational chart, evidence of available capital, and a completed Form I-129 submitted with the petition. The completed Form I-129 and supporting documentation are typically filed with the appropriate USCIS service center. USCIS’s I-129 checklist specifically flags the proposed job description and evidence of sufficient premises for new-office L-1A filings.

How much money do I need to show for a New Company L-1A?

There is no fixed minimum investment amount written into the L-1A new-office rules in the way people sometimes expect from E-2 discussions. Instead, USCIS looks at whether the U.S. company is realistically capitalized for its business model and whether it can support operations during the start-up period. For a consulting company, software company, trading company, or manufacturing business, the expected evidence will differ. The question is not just “How much money?” but “Is the capitalization credible for this business, in this market, with this staffing plan?” USCIS emphasizes the need to demonstrate that the new office will support the intended role within one year.

Can a small business or startup qualify for New Company L-1A?

Yes. A large multinational is not required; other qualifying organizations may also be eligible if they meet the requirements. Small businesses and startups can qualify if they can prove the corporate relationship, the beneficiary’s qualifying prior employment abroad, sufficient premises, and a credible plan showing that the U.S. business will grow to support executive or managerial duties. Managerial employees may also qualify for the New Company L-1A if all other requirements are met. What often causes problems is not the size of the business, but the lack of a convincing operational plan and staffing trajectory.

What is the difference between a regular L-1A and a New Company L-1A?

The main difference is that an established-office L-1A is based on an already functioning U.S. operation, while a New Company L-1A is based on a newly formed or newly launched U.S. office. Because the U.S. business is still in its early stage, USCIS limits the initial approval to one year and expects stronger forward-looking evidence such as a business plan, hiring plan, and proof that the new office can support an executive or managerial role after the first year. It is important to note that the beneficiary should not be primarily engaged in day-to-day operations, but rather should focus on managing or directing the organization. USCIS’s L-1A overview confirms the L classification framework and related temporary worker structure. The L-1A is a nonimmigrant classification specifically for intracompany transferees who are executives or managers being transferred to a U.S. office.

Can my spouse and children come with me on a New Company L-1A?

Yes. The spouse and qualifying unmarried children under 21 may generally seek L-2 classification. Canadian citizens may seek admission at a U.S. port of entry or pre-flight inspection station by presenting the required documentation for L-1 or L-2 status. U.S. border protection officers will review the documentation for L-1 and L-2 applicants at these locations. L-2 spouses typically have work authorization incident to status under current rules, while children may study but are not employment-authorized merely by L-2 status. Family planning is often an important part of the overall strategy when launching a U.S. office. USCIS’s L-1A overview confirms the L classification framework and related temporary worker structure.

Can I buy an existing U.S. business and use L-1A?

Potentially, yes, but the structure has to be examined carefully. Buying or setting up a U.S. company can work if the qualifying relationship to the foreign company is properly created and documented. The real analysis is whether the foreign company remains a qualifying organization, whether the beneficiary’s foreign employment meets the rule, and whether the U.S. role is truly executive or managerial. Simply purchasing a business does not automatically make someone eligible for L-1A. The corporate chain, control, and business reality must all line up.

How do I extend a New Company L-1A after the first year?

The extension stage is where many weak new-office cases fail. USCIS expects evidence that the U.S. company became active and operational during the first year and that it now supports an executive or managerial role. Extensions are granted in two year increments, so it is important to prepare for periodic renewals. That usually means updated payroll records, tax filings, contracts, revenue evidence, invoices, bank statements, office evidence, employee list, organizational chart, and proof that the beneficiary is no longer spending most of the time doing routine operational work. Detailed documentation of the time spent by the beneficiary on managerial or executive duties, including the percentage of time allocated to each task, is important to demonstrate active participation and authority in the new business. USCIS policy states that the initial approval for a new office is limited to one year, and the extension requires showing that the business has developed enough to support the qualifying position.

Can a New Company L-1A lead to a green card?

Often, yes. Many L-1A executives and managers later explore the EB-1C multinational manager or executive green card path. While the standards are not identical, there is a strong relationship between a well-developed L-1A record and a later EB-1C filing. The best practice is to build the L-1A case from day one with future immigrant strategy in mind, including clean corporate records, a real managerial hierarchy, and evidence showing the beneficiary is leading the business rather than acting as its primary day-to-day worker. USCIS’s permanent-worker framework recognizes multinational executive and manager petitions in the employment-based system.

Is premium processing available for New Company L-1A?

Premium processing is generally available for Form I-129-based classifications when properly requested through Form I-907, subject to the current USCIS fee schedule and any updated premium-processing rules.

Four women in business attire have a discussion around a table with documents, a tablet, and coffee cups in an office setting, consulting with a Chicago employment immigration lawyer on visa matters.

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Mr. Success. My employer has given me an option to choose my own attorney, so I was looking for very good attorney for my Green card process in EB1. I have found Rabi and couple of other attorneys in Avvo. I have approached few attorneys before speaking with Rabi, but the way Rabi responded…

Naga

Rabindra Never Stops Until you WIN! Rabindra was my beacon of hope at a time when my options appeared limited and the likelihood of a satisfactory resolution seemed nigh on impossible. Not going into many details, but he is concise, articulate, and delivers results beyond the attorney-client relationship. Rabindra is also a calm and…

Aditya

Rabi is very knowledgeable attorney. He has done fine quality of work for my GC. He has given the support till we got the GC in our hands. He is always reachable to us at any time of the day.
I would like to mention a peculiar case here. One of my friends forgot…

Ashok

Rabindra helps you make your dream come true! Without Rabindra’s knowledgeable and professional consultation and guidance, honestly we were not 100% sure if we could get our green cards in a timely manner!
During the past 6 years, Rabindra helped us file various petitions from H-1B, H-4, H-1B extension, to Green card. He was…

HSD provided great professional services for our immigration needs.. highly recommend them!

Subrat

I have utilized the professional services of Mr. Singh on various types of matters, including employment-based and immigration compliance. He has always provided prompt and thoughtful solutions to unique issues/scenarios. I personally found his legal advice to be very resourceful when dealing with a DOL’s Wage and Hour Division (WHD) Audit. I highly recommend…

Antara Goyal

One of the best I have worked with him in very complicated case, he is very smart, gives a clever ideas and solutions for each step, checking your file carefully, gives each word high concentrate and put it in the right place. I was very happy working with you Mr.Rabindra

Jaradat

My husband and i sought professional services of Rabindra Singh in filing EB-2 to EB-3 downgrade petition in October 2020. Even during such a busy time, he was fully responsive via emails and phone calls and helped us timely file our downgrade EB-3 petition and AOS application. We are fortunate to have him as…

RVerma

Rabindra is an excellent immigration lawyer. His advice has been spot on and he gives very confident responses. I spoke to a few other lawyers who were unsure how to handle my case. He charges most reasonable fees compared to other lawyers. I would strongly recommend him and you can feel you are in…

MOHAL

If you are looking for a great immigration lawyer – please, look no further! Rabi is truly amazing. Not only he is extremely knowledgeable and experienced in the immigration field – he is super attentive and dedicated and will treat your case as his own. He is always available via email or phone, answers…

Manisha

Very professional service and explained all the processes clearly. I would highly recommend.

My husband and I approached HSD immigration with our immigration needs and were very fortunate to have found Mr Rabindra Singh to be our immigration attorney. He patiently listened to our needs and guided us with an utmost care to complete all the required steps related to our employment as well as family dependent…

Mary

I worked with Rabindra to file our adjustment of status for an approved NIW case. He was so accurate when filling out the forms and collecting documents and it is why our case got approved without any RFE. His price was so reasonable for the work done comparing to the others. Thank you Rabindra!

Effective and Efficient Service! Through check of the documents, prompt response and available for discussion.

Vijaya

Rabi is the most efficient immigration attorney and an amazing professional, he took up my case of H1B and was very precise as the deadlines were very tight for me. He was always prompt in speaking with me and most of all gave me the confidence that the petition shall be approved which gave…

Pranav

If I can give more than 5 stars I would. We approached Rabi on a super short notice to get some last minute applications filed with the USCIS. He made the whole process such a breeze for us, and was prompt with all the responses and paperwork. I don’t think we could have made…

Shivani

ABSOLUTELY THE BEST. I’d give him 500 stars if I could. This is a long post but I think it’s critical to explain why the 500 stars. Background: My H1 was expiring in Nov 2022 and my wife’s in Sept 2022. I also received my I-140 in EB-2 category Aug 2021. My company filed…

Abhi

I been working with Rabindra through last few years on various immigration stages and h1-b processes. He was amazing, responding to my emails same day ALWAYS.I want to take this moment to give an excellent rating. I am very satisfied with your work. thanks!!

Venkat

Mr. Rabindra is a very nice person to work with and always provides the right solution at the right time. Recently, I was facing a stressful situation with the immigration regarding my H4 extension and he suggested an idea which was a game changer. His idea helped me get back my visa and continue…

AISHWARYA

An amazing lawyer he is, really dedicated to his work. I had only few days left to renew my H-1B visa and he helped me renew it so quickly. He is super understanding and helpful seriously I highly recommend him! So thankful to have the opportunity to have such a wonderful lawyer.

Biji

I retained Mr. Singh to assist me in obtaining a Green Card. Mr. Singh’s knowledge and attention to detail helped us get thru the paper process without any problems. I was able to have everything completed in 10 months. Mr. Singh was very accessible and responded quickly to all my inquiries. I would highly…

George

I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. I would definitely recommend him.

I worked with Rabindra for preparing my RFE response. Throughout the process he has been really professional and detail oriented. He is super helpful, accessible and responded quickly to all my questions . His understanding about the subject matter was extremely thorough and professional. It was really a nice experience working with him. He…

Simran

Attorney Rabindra Singh is very knowledgeable and extremely reliable. He is very professional, focused, and detail-oriented. His work is top-notch. He is a combination of generosity and proficiency. I am so grateful to have found him. I was searching for an attorney to help me in filing a U visa petition. I come to…

Sreedevi

He is an outstanding, friendly, caring, listens, truthful, honest, responsive immigration attorney.I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. Mr Rabi Singh is an excellent immigration attorney. He…

We had a great experience with Mr Rabindra Singh. He was very patient and answered all of our questions and in the end helped us get the result we wanted. In my case we had to file for Nunc pro for H4. He gave the confident and prepared the petition. It got appoved. So…

Soorya

Kalpana

We had a great experience with Rabindra. He was very patient and answered all of our questions and in the end helped us get the result we wanted. I would highly recommend working with him.

I am an Australian Citizen. I hired Rabi Singh for extending my E-3 status in the United States. He was super helpful and guided me so well throughout the process. I highly recommend his and HSD immigration services.

Would highly recommend Rabindra & his team. We got our H4 EAD quickly. We were expecting delay due to covid times but were happily surprised. Rabindra was pretty thorough and responsive during the whole process. We are also working on our green card application EB2 with him. Hoping it’ll be approved soon too.

I worked with Rabindra to file our adjustment of status for an approved NIW case. He was so accurate when filling out the forms and collecting documents and it is why our case got approved without any REF. His price was so reasonable for the work done comparing to the others. Thank you Rabindra!

Rabindra Singh (HSD immigration) and his team assisted very professionally, patiently with the National Visa Center (NVC) processing and Employment-Based Immigrant Visa processing at the U.S. Consulate in Mumbai, India. For sure, I will refer my friends and family who need any immigration assistance since Rabi and his team gave exceptional service to me….

Ravinder n

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