How long is L-1A new office approval valid for?

Just one year initially — not the three years granted for an already-operating US office. The extension near the end of that year is judged on whether the office has grown enough to support a genuine executive/managerial role.

Is L-1A a title-based or duties-based test?

Duties-based. USCIS looks at the specific functions the beneficiary actually performs and what percentage of their time is executive/managerial versus hands-on operational work — the job title alone proves nothing.

What evidence does a new office petition need beyond the business plan?

Proof of secured physical premises (a signed lease or purchase agreement) and evidence the beneficiary worked in an executive or managerial capacity abroad for at least one continuous year within the three years before filing.

L-1 Visa Business Plan: Complete Guide

Most L-1 business plan guides talk about "the first year" and "the second year" as if they carry equal weight. They don't. If you're petitioning to open a new office in the US, your initial approval is capped at just one year — not the three years granted to an already-operating US office. That means the extension petition you'll file near the end of Year 1 is judged almost entirely on what your business plan projected would happen by Month 12. A plan that spreads its evidence evenly across 24 months is optimizing for the wrong deadline.

The Three Things an L-1A Petition Must Prove

A qualifying relationship between the foreign entity and the US entity — parent, subsidiary, affiliate, or branch, with clear ownership percentages
A genuinely executive or managerial role for the beneficiary — this is a functional test based on actual duties, not a title test
That the US office will support that role within a reasonable time — for new offices, specifically by the Month 12 extension filing

Qualifying Relationship

Your plan needs to state plainly how the US entity relates to the foreign one — is it wholly owned? Majority owned? A branch office with no separate incorporation? Ownership percentages should be explicit, and if incorporation documents or stock certificates aren't yet available, the plan should flag exactly what evidence is still needed rather than asserting an unverified structure.

Executive or Managerial Capacity Is About Duties, Not Titles

USCIS evaluates the specific duties the beneficiary will actually perform, broken down by percentage of time. A strong plan presents this as a table: duty category, percentage of time, and description — with the majority of time in executive functions (setting policy, wide discretion, senior decision-making) or managerial functions (supervising professional staff, managing a function or department) rather than hands-on operational, sales, or production work. A beneficiary who spends most of their time doing the actual service delivery themselves, with no one to manage, does not meet this standard no matter what their job title says.

The Month 12 Checkpoint

For a new office petition, the extension filed near the end of the first year must show the US office has grown enough to support a genuinely executive/managerial position — meaning there needs to be a real team in place by then, not just the beneficiary working alone. A well-built business plan should:

Show organizational structure at launch, at Month 12, and at Month 24 — with Month 12 clearly marked as the extension checkpoint
Build a staffing plan that reaches a credible team size well before Month 12, not backloaded to Month 20+
Present growth milestones with Month 12 explicitly flagged as the point the extension petition is judged on

The employer also needs to show it secured sufficient physical premises for the new office — a signed lease or purchase agreement, not just an intention to find space.

What a Complete L-1A Plan Contains

Executive summary, foreign entity profile, US entity and qualifying relationship, the beneficiary's duties breakdown table, organizational charts at launch/Month 12/Month 24, the business plan for US operations itself, a staffing plan, five-year financials, and growth milestones structured around the Month 12 checkpoint.

This is a draft business plan for your attorney's review before filing — not a legal document itself, and not a guarantee of any USCIS or consular outcome.