L-1 Visa Extension After Year One for a New U.S. Office

The L-1 visa allows multinational companies to transfer executives, managers, or employees with specialized knowledge to a U.S. office. If you were initially granted an L-1 visa to open a new U.S. office, your stay is typically limited to one year. To continue working in the U.S., you must file for an L-1 visa extension.

A crucial part of the extension process is demonstrating that your company is “doing business” in both the United States and at least one other country, as required by 9 FAM 402.12-8(A). Below, we explain what this means and guide you on how to prepare.

What “Doing Business” Means for an L-1 Extension

For your L-1 extension to be approved, your company must show that it is actively engaged in ongoing business operations in the United States and in at least one foreign country, not merely incorporated or maintaining an office.

Legal Definition (9 FAM 402.12-8(A))

“Doing business” means the company is engaged in:

• Regular and systematic operations – The business is conducting real, ongoing commercial activities rather than merely existing on paper.

• Providing goods or services – The company is actively serving clients or customers beyond just leasing office space.

• Maintaining a workforce – The company employs staff and pays wages in the U.S. and abroad.

Proving Your Business Is Operational

When applying for an L-1 extension, you must provide strong evidence that your company is a functioning business. Typical documentation includes:

• Financial records: Recent bank statements, tax filings, profit-and-loss statements, or revenue reports.

• Payroll records: Proof that employees are being paid in the U.S. and in the foreign office.

• Client contracts and invoices: Evidence of active, ongoing transactions with customers or vendors.

• Leases and utility bills: Proof that your office space is being used for business purposes.

• Marketing materials: A company website, brochures, social media presence, or advertisements that show active business promotion.

Tip: USCIS looks for evidence of substantive economic activity, not just administrative or preparatory steps.

Risks of Insufficient Evidence

If your company is not fully operational or cannot demonstrate ongoing commercial activity in both countries, your L-1 extension could be denied.

Get Professional Help

An immigration attorney can evaluate your situation, identify gaps in your evidence, and guide you through the L-1 extension process or other visa options.