U.S. Business Establishment & L-1A Executive Visas
Business Expansion and Executive Mobility
Connect the overseas business with the U.S. market through establishment, L-1A planning and a separate EB-1C assessment.
Discuss your business plans
Core destinations
01 · UNITED STATES
The business & the U.S. role
Begin with the existing overseas business, the qualifying corporate relationship and the executive’s experience, then align the U.S. entity with the proposed role.
- Qualifying corporate relationship
- The U.S. and overseas businesses must have a qualifying parent, subsidiary, branch or affiliate relationship and continue doing business in the United States and at least one other country.
- Overseas employment
- The employee generally needs one continuous year of qualifying overseas employment within the preceding three years. A New Office L-1A case must also establish that the overseas role was managerial or executive.
- Substantive management duties
- The U.S. role must meet the managerial or executive definition. Duties, reporting lines and organisational structure matter; share ownership or a senior title alone does not establish eligibility.
02 · UNITED STATES
The first year of U.S. operations
New Office applies where the U.S. office has been doing business for less than one year. We connect market entry, funding, premises and staffing in a coherent operating plan.
- Premises and resources
- Appropriate premises must be secured. The application should explain the business, organisation, financial objectives and funding, with facilities suited to the proposed operations.
- A credible first-year plan
- The business must be able to support a managerial or executive position within one year of approval. Staffing and allocation of responsibilities should be consistent with that plan.
- Initial approval
- Initial New Office L-1A approval is normally limited to one year. Company formation, petition processing and entry arrangements are separate steps; this approval period is not an end-to-end processing estimate.
03 · UNITED STATES
Business continuity & extensions
Keep operational evidence as part of normal business management and revisit staffing, reporting lines and extension readiness as the U.S. operation develops.
- Business activity and evidence
- Maintain contracts, transaction records, financial information and evidence of everyday operations for both the U.S. and overseas businesses. A registered address alone does not establish active business.
- Organisation and responsibilities
- Document the executive’s actual duties, team structure, payroll and changes in the business, connecting the operating record with the intended management role.
- Extensions and timing
- A New Office extension considers the preceding year’s operations, staffing and finances. L-1A generally permits up to seven years in total, with subsequent extensions usually up to two years at a time; individual immigration history affects the calculation.
04 · UNITED STATES
The executive & the family
Consider each family member’s status, education and day-to-day needs alongside the company’s U.S. establishment.
- Eligible L-2 family members
- A spouse and unmarried children under 21 may seek L-2 status, subject to the applicable requirements. Family relationships and the principal applicant’s period of status need to be checked.
- Employment for a spouse
- Eligible L-2 spouses are employment-authorised incident to status. Check the L-2S designation on Form I-94 and the relevant employment-verification documents. Children do not receive work authorisation on this basis.
- Education and local arrangements
- Coordinate housing and education around the office location, commuting and family priorities, with advance planning for travel, extensions and children approaching age limits.
05 · UNITED STATES
A separate EB-1C assessment
EB-1C is a separate immigrant classification for multinational managers and executives. Eligibility depends on the business, employment history and corporate relationship; L-1A approval does not establish EB-1C eligibility.
- An operating U.S. employer
- The petitioning U.S. employer must have been doing business for at least one year and have a qualifying relationship with the overseas employer. A year since incorporation is not the same as a year of business operations.
- Employment and role requirements
- The qualifying overseas managerial or executive employment requirement is generally at least one year within the relevant three-year period. The applicable look-back depends on the person’s U.S. entry and employment history. The proposed U.S. role must also qualify.
- A separate petition and process
- The U.S. employer files Form I-140; this category does not require labour certification. Petition approval does not itself confer permanent residence. Visa availability, admissibility and the applicable immigration procedures must also be satisfied.
06 · UNITED STATES
Before you begin
Clarify the starting point before choosing the company and immigration arrangements.
Can a company founder qualify for L-1A?
A founder may be assessed against the same corporate relationship, overseas employment and U.S. role requirements. We review the existing business and the founder’s day-to-day duties, then coordinate the petition strategy with licensed U.S. immigration counsel.
How are formation, premises and funding organised?
Start with the business model, customer base and staffing plan to select the entity and location. Coordinate incorporation, banking documentation, premises and the launch budget around that plan. Banks and professional providers apply their own review requirements.
Does one year of U.S. business make EB-1C available?
One year of actual U.S. business is only one requirement. The corporate relationship, overseas managerial experience, U.S. role and supporting evidence also need review. Incorporation timing or L-1A status alone cannot determine the outcome.
What does Conatus Mobility coordinate?
We support company establishment, business arrangements and family settlement, working with U.S. immigration counsel, accountants, tax advisers and other professionals. Legal advice and legal representation are provided by appropriately qualified professionals.
Policy checked: 15 October 2026. Eligibility and decisions are determined by the relevant authorities.
Key Services
U.S. business entry
- Entity formation and qualifying relationships
- New Office premises and first-year planning
- Staffing, structure and operating records
Executive & family status
- L-1A eligibility and application coordination
- L-2 arrangements for spouse and children
- Independent EB-1C assessment where eligible
Professional & local support
- Coordination with licensed U.S. immigration counsel
- Banking, accounting, tax and corporate legal support
- Office, housing, education and family establishment
From priorities to implementation
Begin with the existing business, its key people and the family’s priorities. Set out eligibility, implementation steps, budget and the agreed scope in writing.
We coordinate local lawyers, accountants, tax advisers and other specialists. Regulated legal, tax and application services are handled by appropriately qualified professionals.
Discuss your business and familyPolicy references reviewed 15 October 2026. Eligibility and decisions rest with the relevant authorities; approval and processing times are not guaranteed. Conatus Mobility is an independent consultancy.