Skip to content
LEDUC · A branch lease date and business history answer different questions

Determine whether the qualifying U.S. organization is new, not merely its address

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

A hypothetical Leduc group may open another U.S. location while already conducting business elsewhere. The L-1 new-office assessment should identify the actual qualifying organization and its operating history before assigning the one-year framework from a new lease alone.

01

Establish the relevant organization and activity

The new-office definition concerns a qualifying U.S. organization doing business for less than one year. Identify the entity, qualifying corporate relationship and actual activity. A new brand, street address or customer site does not by itself determine the issue, and a registration document alone does not prove operating history.

02

Apply L-1A conditions when the office is new

Initial new-office approval cannot exceed one year. Show sufficient physical premises, the qualifying foreign managerial or executive employment and evidence that the U.S. operation will support the managerial or executive position within one year of approval. Explain executive direction and who performs ordinary work rather than relying on a branch-opening announcement. The qualifying foreign year must be full-time within the relevant three-year period. U.S. visit days do not count toward that year, although brief visits do not automatically interrupt continuity.

03

Use the distinct L-1B showing where appropriate

A knowledge-specialist new office also needs sufficient premises and financial ability to compensate the beneficiary and commence business, with the required qualifying employment and special product or advanced process knowledge. A vendor certificate does not automatically supply that knowledge or prove a qualifying relationship between the organizations.

04

Keep the remaining transfer conditions intact

The required continuous full-time foreign-employment year within the relevant three-year period and continuing business foundation remain necessary. Ordinary L-1A cases may use managerial, executive or specialized-knowledge foreign employment; the new-office managerial-year rule is not universal. Owner or major-stockholder cases need the appropriate temporary U.S. services and subsequent foreign-assignment evidence. A delayed branch launch does not itself extend permission.

SOURCE NOTES

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

A CONVERSATION IS A GOOD PLACE TO START.

WHAT’S YOUR
NEXT CHAPTER?

Tell us where you are today.
Let’s talk about where you want to go.

Book a free consultation Or call +1 587 415 4606