L-1A Approval — Executive Transfer to a Newly Established U.S. Subsidiary of a Korean IT Firm

IMMIGRATION LAW · SONG LAW FIRM SUCCESS STORY

Client Profile

An executive vice president in the business-development division of a Korean IT services company, being posted to the U.S. as the first executive of a newly established subsidiary.

Case Background

"New office L-1A" — deploying an executive to a U.S. entity that has no operating history — triggers heightened USCIS scrutiny. Risks identified in the initial review: (1) incomplete physical office and lease documentation, (2) an optimistic first-year business plan lacking financial support, and (3) no U.S.-based direct reports yet hired.

Legal Issues

New-office L-1A approval requires three elements: (1) a qualifying relationship, (2) at least one year of managerial or executive service abroad within the past three years, and (3) evidence that the U.S. office will grow, within one year of filing, into a business substantial enough to genuinely require managerial-level work. The third element is where new-office cases are usually won or lost.

Song Law Firm Strategy

• Assembled physical-presence documentation: signed lease, office photos, telecom, internet, and insurance contracts.
• Rebuilt the five-year financial projection tied to market research, competitor benchmarking, and headquarters funding commitments. Detailed the first-year hiring plan by role and title.
• Documented capital-transfer plans, delegation of authority, and decision-making matrices between the Korean parent and U.S. subsidiary, along with the org chart.
• Compiled the client's managerial and executive background with the Korean parent's org chart and record of major projects.

Process

Filed with Premium Processing. Approved within 15 business days of receipt.

Result

L-1A New Office approved for one year. At renewal (three-year extension), USCIS will assess the U.S. entity's actual operating substance. The client was able to lead the U.S. subsidiary from day one.

Lessons

New-office L-1A cases hinge on how concretely and realistically one shows the U.S. entity's capacity to grow within one year to a size that genuinely requires managerial work. Aligning documents, facilities, and personnel plans from the outset makes both the initial approval and the renewal much steadier.