Can I apply for the L-1 if the foreign company has been operating for a short time?

It depends. The L-1 is designed to transfer executives, managers, or specialized knowledge employees from a foreign company to a related entity in the United States. To qualify, immigration authorities evaluate whether the foreign company has a continuous operating history and a qualifying relationship (parent, branch, subsidiary, or affiliate) with the U.S. entity.

When the foreign company has been in business for only a short time, demonstrating that operating history tends to be more difficult, and this can become a significant obstacle to petition approval. The length of operation is one of the elements authorities use to assess whether the business is genuine and sustainable.

That said, there is a specific framework for new-office cases (when the company is opening or expanding operations in the U.S.), where the analysis typically follows its own rules. Each situation is evaluated on a case-by-case basis, considering documentation that supports the company’s commercial activity.

Because these criteria can change and are reviewed individually, it is worth checking the updated requirements at USCIS and assessing your specific situation with a qualified specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.