I often get asked this question from callers anxious to start a new business in the United States, “ I have a thriving business in ….., (fill in the name of the country) a large part of my business is in the US. I want to start a new office there. How do I do start a new office?”
- Have a US connection -The new U.S. office must have a corporate relationship with your foreign entity abroad where you have been employed as a manager, executive, or worker with specialized knowledge.
- Demonstrate a relationship between the foreign and US offices
- Demonstrate foreign employment as a Manager, Executive or Specialized Knowledge worker
- The new office must be operating within one year -The “new office” L-1 visa is meant to facilitate a “ramp up” period for a new U.S. office of a foreign entity. This period is limited to one year.
- The new office must be able to support a full time Manager or Executive
- The Takeaway - New office L visas are usually granted for 1 year to qualified applicants. The denial rate in India is generally about 25%. There is a general belief in both the Department of State and USCIS that the incidence of fraud is very high in India, due to the falsification of evidence and supporting documents.