The actual period of qualifying U.S. business activity determines the new-office issue, not a preferred label. New-office initial approval cannot exceed one year.
Use the real operating history
A U.S. organization doing business for less than one year triggers the new-office framework. Document sufficient premises and the L-1B financial ability to pay the employee and begin business, along with the other transfer requirements. A future laboratory schedule does not change the past operating dates or guarantee approval.
Build the calendar from present facts: the worker’s qualifying foreign-employment dates, evidence-completion milestones, chosen petition procedure, requested assignment start and existing periods in L status. Confirm the qualifying corporate relationship and the generally required continuous year of full-time employment physically abroad during the relevant preceding three-year period, then reassess duties, location, supervision, and employer control. The second involves genuine change: the role develops into managing people or an essential function, and a different classification with a longer ceiling may become appropriate, but only if the duties really changed and the record shows when.
- USCIS — L classification documentation and evidence
- Department of State — 9 FAM 402.12
- 8 USC 1184 — specialized knowledge definition
- USCIS — employment authorization for certain spouses
- ICE — nonimmigrant classes that may study
- USCIS — fee schedule
- L definitions, foreign employment and new-office evidence
- L1B specialized knowledge and offsite placement statute