A new U.S. operation needs an evidence-based account of its role, resources and qualifying company relationship. A project leader’s title or an employee’s technical seniority does not replace the particular L-1A or L-1B assessment.
Describe who will perform the launch work
Hypothetical example: the proposed transferee will initially handle technical delivery while the company plans to hire operational support. Identify current and proposed duties separately and explain the basis for the staffing forecast. Document the actual foreign employment and entity relationship; do not turn a hoped-for hire into a present fact.
Apply the relevant new-office requirements
For L-1A, assess sufficient premises, the required foreign managerial or executive employment and the ability to support the proposed managerial or executive role within one year of approval. For L-1B, assess specialized knowledge, premises and financial ability to pay the employee and begin doing business. A specialist does not need to be recast as a manager to use the proper L-1B analysis.
Prepare evidence of operations as they develop
The new-office framework applies where the U.S. organization has been doing business for less than one year; initial approval is limited to at most one year. Keep actual business, staffing and role records for later review. Mere registration does not establish doing business, and an initial approval does not guarantee an extension. Establish the continuous qualifying foreign year within the relevant three years and continuing qualifying U.S. and foreign business. Owners or major stockholders also need temporary-services and subsequent foreign-assignment evidence.
What else is on your mind?
Does being a business owner or director qualify me for L-1A?What employment history should an L-1 transfer review cover?What makes a new-office L-1A case different?Why does an L-2 spouse’s admission record matter for work?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.