Opening a new U.S. branch through the L-1A intracompany transferee visa can be a powerful way for business owners and executives to expand operations into the United States. However, Mezze USA LLC v. USCIS (E.D. Va. 2024) highlights how critical it is to document your company’s managerial structure and operational progress when seeking an extension after the first year.
In Mezze USA LLC, a U.S. subsidiary of a Lebanese food manufacturer, petitioned for an L-1A visa for its CEO, Rania Chebat, to open a new U.S. office. While the initial one-year “new office” petition was approved, USCIS denied the extension the following year, finding that Mezze USA had not proven that Ms. Chebat was employed in a managerial capacity.
The court upheld USCIS’s decision, emphasizing:
- The company lacked sufficient staff to support a managerial structure.
- Operations had not yet progressed to a stage where Ms. Chebat could focus on executive duties instead of day-to-day tasks.
- The company failed to provide clear evidence of ongoing U.S. business activity or the essential “function” of the CEO role.
This case underscores that new office L-1A petitions require clear documentation of growth, staffing, and business operations by the end of the first year to justify an extension.
Keys for New Office L-1A Petitions:
- Secure and operate from a physical business location.
- Demonstrate active business and regular commercial operations.
- Provide evidence of staff and defined organizational hierarchy.
- Show that the executive or manager primarily performs qualifying duties.
At YA Law, our Vancouver immigration lawyers help Canadian and international businesses prepare strong L-1A petitions and extensions. Whether you’re establishing a new U.S. branch or transferring key executives, our experienced team ensures your application meets all USCIS evidentiary requirements.
Contact YA Law today for professional guidance on L-1 intracompany transferee visas and U.S. business expansion strategies.