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NIPISSING · L-1 NEW OFFICE

What happens at the L-1 extension when the first year misses the plan

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

Hypothetical example: Yolanda owns a log-home company in Nipissing and opens a United States sales and assembly office. The new-office petition is approved for one year on the strength of a plan projecting three hires and a set volume of orders. Ten months in, one hire has been made and orders are running behind. The extension stage is where that gap gets examined, and how she records it now decides how it reads then.

01

What the first approval was actually granted on

A new-office petition is approved for one year where the petitioner shows it has secured sufficient physical premises, describes the proposed nature of the office including its scope, organizational structure and financial goals, and demonstrates that the business will support a managerial or executive position within that year. The approval is explicitly forward-looking. That is why the second filing is different in character: the extension is decided on what the office has done, not on what it intended. Yolanda's plan was evidence of a reasonable expectation, and missing it is not automatically fatal, but the extension will be judged against the position as it now stands rather than as it was projected.

02

Record the shortfall as it happens, with reasons and responses

The worst version of this situation is a company that says nothing for ten months and then explains everything at once. The better version keeps a contemporaneous record: board or management minutes noting the slower order intake, the decision to defer a hire, the revised forecast and the steps taken. Bank statements, signed contracts, the one hire's payroll record and the premises lease all belong in the same file. Where Yolanda continued to perform hands-on sales work because the staff were not there, that should be recorded honestly, since a manager who is in practice doing the operational work is the specific weakness an extension examines.

03

Fix the position before the filing rather than describing it after

There is usually time to change the facts. If the extension will be filed on a managerial claim, the office needs people for Yolanda to manage, or a clearly identified essential function she directs rather than performs. Hiring even one supervisor before the filing changes the picture more than any amount of drafting. If the business genuinely cannot support a managerial role yet, that is worth confronting early with an adviser, because alternatives exist and a refused extension is a worse starting point than a considered change of plan. The maximum period in L-1A remains seven years, and every extension is measured against the same duties test.

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