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Route · L-1

Moving your own company, honestly

What qualifying relationships mean in practice, and the year that must exist first.

published 16 June 2026 · verified 18 August 2026

FOREIGN PARENT ENTITY 1 Continuous Year Employment Qualifying Tie U.S. SUBSIDIARY L-1A Intracompany Office
FIG. 9: Executive Transfer Alignment Between Foreign and U.S. Corporate Entities.

The gap, named · our reading of the rule

L-1 classification transfers an executive or manager from a qualifying foreign company to a related U.S. entity. The requirement that disqualifies plans is that the transferee must have worked for the foreign entity for one continuous year within the preceding three years.

The Regulatory Framework

Under 8 CFR § 214.2(l), a qualifying tie (parent, branch, subsidiary, or affiliate) must exist based on common ownership and control. "New Office" petitions receive an initial 1-year approval and are evaluated at renewal on whether the U.S. entity has grown to support executive leadership.

How entrepreneurs prepare for this conversation

  • Step 1: Document Foreign Employment: Compile 12 months of payroll records, tax filings, and organizational charts establishing foreign executive duties.
  • Step 2: Establish U.S. Entity: Form a U.S. subsidiary owned by the foreign parent company.
  • Step 3: Prepare New Office Business Plan: Draft a business plan proving physical premises and detailing staffing growth to support extension.

Attorney Interrogation Sheet (What to Ask)

  1. Does our corporate structure satisfy L-1 ownership rules?
  2. What staffing thresholds must the U.S. entity hit at month 12 for extension approval?

What this is not This piece quotes the published rule and says plainly where we are reading it rather than quoting it. It is not legal, tax or immigration advice, it creates no attorney–client relationship, and neither you nor we can apply it to your facts. Rules also move — check the date above, then take the questions in this piece to your own licensed attorney and CPA, who are the only people who can advise you.

Sources · primary law first, our own notes labelled as such

8 CFR 214.2(l) — L classification regulations

8 CFR 214.2(l)(3)(v) — new office petitions

USCIS Policy Manual, Volume 2, Part L

Ownership and work authorisation are treated differently in the rules, and that difference is what this library is about. Everything here is written for people keeping the job that holds their status.

Put a number on it. Cash Flow

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