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STONEWALL · DECISION WORKSHEET

Separate first-year staffing assumptions from the actual new-office requirements

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

A Stonewall transfer plan should first identify whether the relevant U.S. organization falls within the L new-office framework. A newly leased site or new team does not automatically decide the issue. If the provisions apply, L-1A and L-1B have different evidence requirements and the initial petition period is limited to no more than one year.

01

Establish the actual business history

Hypothetical example: the employer opens another location while already conducting U.S. business. Identify the legal organization and when it began providing goods or services. Incorporation and a lease alone do not establish the complete operating history. Have the applicable framework assessed before preparing the evidence.

02

Use the correct role-specific evidence

For a new-office L-1A case, relevant requirements include sufficient premises, qualifying foreign managerial or executive employment and an intended operation that will support the role within one year of approval. New-office L-1B instead has its own premises, qualifying-organization and financial-ability requirements. Do not apply the managerial first-year test to a specialized-knowledge employee.

03

Plan to document what actually happens

Distinguish confirmed staff from projected hires and explain personal execution duties. A later extension requires evidence of actual business and applicable eligibility; initial approval is not a guarantee. Keep current operating and status records so business milestones do not substitute for immigration deadlines.

SOURCE NOTES

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

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