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FUNDY ALBERT · BUSINESS EXPANSION

An incorporated US company is not necessarily an established office

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

The new-office question depends on the US operation’s actual business activity, not just its incorporation date or lease. For a Moncton company planning a first US operation, the L-1 case needs qualifying foreign employment and corporate ties along with the evidence specific to the office and proposed role.

01

Distinguish setup from doing business

Collect dated evidence of regular business activity, premises and operating arrangements. An address, bank account or incorporation alone does not establish all requirements. Determine whether the new-office framework applies before choosing the petition evidence and initial approval period, which is limited to one year for a new office. For a new-office L-1A petition, the required foreign year must have been in a managerial or executive capacity.

02

Explain how the role will be supported

For L-1A, show a credible plan for the operation to support qualifying managerial or executive duties within one year. Identify who performs sales, service and administration rather than making the transferee responsible for every task while describing the role as exclusively managerial.

03

Prepare the extension evidence from the start

Track actual hiring, revenue, contracts and duties against the proposed plan. A first approval does not guarantee an extension. Keep the foreign qualifying business and organizational relationship documented, and reassess changes as they occur rather than waiting for the final week of status.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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