L-1 Plans

The L-1 nonimmigrant visa classification enables a U.S. employer that is part of an international organization to temporarily transfer employees from one of its related foreign offices to an office in the United States.

Qualifying L-1 positions

• A personnel manager supervises and controls the work of other supervisory, professional, or managerial employees
• A function manager manages a distinct and essential function within the organization
• An executive primarily directs the management of the organization, establishes goals and policies, and exercises wide latitude in discretionary decision-making

If the U.S. employer is a new office (L-1A), the petitioner must explain to USCIS or the consulate how the proposed enterprise can support an executive or managerial position within one year of the approval of the petition. The statement should be supported by information about the proposed nature of the office, including its scope, organizational structure, funding, and financial goals. (Form I-129 “Evidence for a New Office”) This information can be efficiently provided in the form of a business plan.

The L-1A new office business plan provides a roadmap for growth. It describes the proposed nature of the business, its organizational structure, and its financial goals. The plan identifies growth milestones, and the investment committed to support growth. The business plan provides detailed job descriptions, and explains qualifying managerial duties in context of the organization’s business operations, organizational structure, and development timeline.

L-1A New Office Business Plan Goals

• “Demonstrate a realistic expectation that the enterprise will succeed and rapidly expand as it moves away from the developmental stage to full operations, where there would be an actual need for a manager or executive who will primarily perform qualifying duties.” (AAO L-1 Appeal Decision, Feb 14, 2024)
• Illustrate how managers and executives plan, organize, direct, and control the organization’s major functions, and work through other employees to achieve the organization’s goals.
• Show that a majority of the executive’s or manager’s time can be spent on duties relating to policy or operational management.
• Support assertions with relevant, probative, and credible evidence. (Matter of Chawathe)

• Executive Summary: Summarize a one-year plan to develop a new U.S. office to the point of supporting a qualifying managerial or executive-level position.
• Business Structure: Explain the structure and ownership of the new U.S. office, highlighting the qualifying relationship with the foreign employer.
• Business Description: Describe the nature and scope of the business, its products and services, and what functions and operations the new office will perform.
• Management and Personnel: Explain who will be responsible to perform the functions identified in the business description. Identify operational duties associated with each function, and include these duties in detailed job descriptions for operational employees. Identify executive and management positions. Provide job descriptions that explain how managers will engage in planning, organizing, directing and controlling the specific business and employees previously identified. Provide an organizational structure chart for the new office.
• Development Schedule: Provide a detailed business development schedule for the new office in Year 1. Identify milestones accomplished, including physical premises secured and funding committed. Discuss monthly goals in Year 1, and specific steps for accomplishing these goals. Provide a hiring timeline.
• Market Analysis: With reference to supporting evidence and verifiable data, profile the target industry, target market, and competitive market. Define the market opportunity and marketing strategy, and address the feasibility of growth targets and sales goals.
• Costs and Capitalization: Define startup costs required to accomplish the growth plan, and reference evidence of capital commitments.
• Financial Projections: Define financials goals. Provide a monthly profit and loss forecast and cash flow forecast for Year 1. Explain financial assumptions, and reference industry benchmarks.

Step 1: Strategize

• Preview the business proposal and discuss goals with the client.
• Align with legal counsel’s strategy for the L-1 application and the target qualifying position.
• Preview the new office growth plan, compare with L-1 requirements, assess feasibility, and discuss how to navigate any challenges.
• Clarify the implications of L-1 requirements for business structure, organization, job duties, and development timeline.

Step 2: Organize

• Customize a client questionnaire specific to the subject business and L-1A requirements.
• Review client inputs and documentary evidence.
• Undertake market and industry research to supplement client materials.
• Organize a summary of key business details: specifications, structure, schedule, staffing, budget, and sales goals. Discuss and prepare a financial model.
• In consultation with the client and counsel, work out a compliant organizational chart and detailed job descriptions.
• Think “what questions is USCIS or the consulate likely to have about this plan,” and identify answers to the questions.

Step 3: Present

• Implement best practices for effective business plan presentation.
• Aim to provide substantial, relevant detail with few words.
• Use professional formatting for clarity and to create a strong first impression.
• Use numbered headings and indexes to facilitate navigation and reference.
• Highlight verifiable evidence with citations and an exhibit list.

Step 4: Review

• Conduct a systematic review to ensure accuracy, consistency, and completeness.
• Respond to revision requests from the client and counsel.

Suzanne Lazicki is a professional writer with an MBA, certification in financial modeling, and over sixteen years of experience in writing immigration business plans.

Suzanne approaches L-1A business plans strategically, considering how to shape business plans that are achievable and compliant. Her approach is based on L-1 requirements as defined in 8 CFR 214.2(l) and elaborated in Matter of Z-A-, Matter of G- Inc. and other case law. She can assist with job descriptions based on systematic analysis of approved and denied language referenced in hundreds of Administrative Appeals Office decisions. Her business resources include a wealth of market and industry data.

For further analysis, see “Advanced Strategies for Business Immigration: Navigating EB-1A, NIW, E-2, and L-1 Petitions” a continuing legal education webinar presented by Anne Rowley, Hallie Cohen, and Suzanne Lazicki and hosted by MyLawCLE.