Read the general business expansion overview
Hypothetical example: Lucía owns a Minden Hills consultancy that formulates feed and nutrition programs for livestock operations and equine facilities. She has incorporated an American subsidiary to serve clients across the border and intends to transfer herself into it as its manager. Because the subsidiary has not yet been doing business for a year, this is a new-office petition, which is approved for one year initially rather than for the longer period an established entity can receive, and that first year is later examined.
What has to exist before the petition, not after it
A new-office filing must show that sufficient physical premises have been secured, that the entity is capable of supporting a managerial or executive position within the year, and that the qualifying relationship between the Canadian company and the subsidiary is documented. Secured means a signed lease or an executed purchase, not a shortlist of buildings and not a mailing address at a registered agent. Lucía should also have the corporate steps finished: shares issued, directors appointed, the subsidiary's bank account opened and capitalized. A petition that describes intentions where evidence is expected produces a request for evidence at best.
The business plan is the promise the extension will be measured against
For the first year the plan carries the weight that trading history would otherwise carry, so it should describe the American entity's own operations: which clients it will serve, what staff will be hired and when, what premises and equipment it needs, and what revenue is expected against what costs. Write it as something Lucía would be content to be held to, because in twelve months she will be. Extensions are decided on evidence of what the entity actually did, and a plan that promised four employees and a client base by month nine is unhelpful to an applicant who hired nobody.
The founder problem, and how to avoid it
In a company's first year the person transferred usually does everything, and doing everything is not being employed primarily in a managerial or executive capacity. If Lucía spends the year formulating rations herself with no staff, the extension is the point at which that becomes visible. Two things help. Plan the hiring so that professional or supervisory staff are in place before the extension is sought, and keep records showing how her own time divided between directing the business and performing its technical work. Alternatively, consider whether the specialized-knowledge classification better describes what she will actually do, and file for what is true. Keeping a simple monthly record of hours by activity costs almost nothing during the year and is far more persuasive at extension than a description written from memory afterwards.
What else is on your mind?
Does being a business owner or director qualify me for L-1A?What employment history should an L-1 transfer review cover?What makes a new-office L-1A case different?Why does an L-2 spouse’s admission record matter for work?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.