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 in the America to focus on my contracts there. How do I do start a new office?” Here’s how:
- Have a US connection
The new U.S. office must have a corporate relationship with your foreign entity abroad where you have been employed either 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. If you are from India, be aware that the denial rate in India is generally about 25%, which is higher than other countries. There is a general belief is that the incidence of fraud is very high in India, due to the falsification of evidence and supporting documents.
Nalini S Mahadevan, JD, MBA
Attorney at Law
nsm@mlolaw.us
This blog is not meant to create an attorney-client relationship or meant as legal advice.
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