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During the AILA Central Florida Chapter 2025 Conference, one of the most insightful conversations we had with immigration attorneys focused on a technical—but critical—detail in L-1A new office petitions: the age of the U.S. entity.
At first glance, it may seem harmless to use an existing company, especially if it has never been operational. But as several attorneys reminded us, using an entity that was formed more than one year ago can create unnecessary risk when filing an L-1A new office petition.
Here’s why: even if the company hasn’t started doing business, USCIS may still interpret the entity’s creation date as the start of its operations. In practice, this means the officer could argue that the business has existed for more than one year and therefore doesn’t qualify as a “new office.” Once that happens, the officer may expect to see evidence of growth, payroll, and established operations—standards that don’t apply to new office petitions.
As attorneys at the conference emphasized, this situation is more common than most applicants realize. What seems like a minor administrative detail—the date the entity was created—can shift the entire standard of review.
To avoid this, many attorneys recommend forming a new entity rather than relying on one that’s been sitting dormant. Starting fresh can help ensure that USCIS clearly treats the case as a new office petition, with all the flexibility that category provides during the company’s first year.
At Visa Business Plans, we see this issue often when helping attorneys and their clients prepare L-1A business plans. Our role is to make sure that every detail—from entity information to staffing projections—tells a consistent story that aligns with USCIS criteria and avoids unnecessary complications.
Stay tuned for our next post in this AILA Central Florida Conference series, where we’ll share another key insight that attorneys discussed about strengthening business visa petitions under closer scrutiny.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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