Can the branch apply for L1 visa? 4 Answers as of June 21, 2013

We incorporated a United States branch office as a corporation two years back, we did have few business transactions generated outside United States and the business within United States has started only for last two months. Can such a company Qualify for "New Office" category to apply for a L1 visa to transfer a manager to oversee the operations and if not is it possible to just incorporate a new company and let the new company take over the existing operations of 2 year old company to stay within the requirement of "less than one year old" company to apply for new office?

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Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Yes, your best option is to apply as a new office. You will need to show all the business operations. It is safer going for new office then trying to get a longer L1.
Answer Applies to: California
Replied: 6/5/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, as long as there is a qualifying corporate relationship between the US based entity and the one abroad and the prospective beneficiary has worked for the overseas company for at least 1 year within the past 3 years, it would be eligible for a L-1 visa petition.
Answer Applies to: California
Replied: 6/5/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Each option would work as long as the US company qualifies as branch or subsidiary.
Answer Applies to: California
Replied: 6/5/2013
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. | David Nachman
We handle matters like this for our clients all of the time. It is important for our office to do an analysis of the options that are available for you and your organization.
Answer Applies to: New Jersey
Replied: 6/21/2013
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