Skip to content
WICKHAM · FIRST YEAR ONLY

A new-office approval is a one-year test, decided a year later

USAvisa field guide · 3 minute read Reviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

Hypothetical example: Edouard owns a millwork shop near Wickham and wants to open his first American location in leased industrial space. He is considering transferring himself to run it. A new-office petition of this kind is approved for an initial period of one year, and the extension at the end of that year is decided on what the business actually did, not on what the original plan predicted. Understanding that changes how the first twelve months are spent.

01

What the initial petition has to show

Three things carry the first filing. Physical premises must be secured, which means a signed lease for space suitable to the business rather than a registered address or a shared desk. The foreign entity's financial capacity to pay wages and to begin doing business must be evidenced, usually through statements and a funding plan. And there must be a credible showing that within one year the American operation will support a role that is managerial or executive rather than a person doing all of the work personally. Edouard's own eligibility runs alongside: one continuous year of qualifying employment with the Wickham company within the three years before filing, and a qualifying relationship of parent, branch, subsidiary or affiliate between the two entities.

02

The year is evidence-gathering, not a grace period

At the extension stage the question is whether the American company is now doing business and whether the role has in fact become managerial or executive. Payroll records showing employees hired, an organisational chart with names, customer invoices, filed returns and premises in use are what answer it. A year spent with Edouard personally operating machines and no staff hired answers it the other way, however busy he was. It helps to decide at the outset which hires the plan depends on and to diarise them, because an extension refused in month thirteen is far more disruptive than a slower, better-staffed start would have been.

03

Two constraints to build into the plan from day one

The seven-year maximum for the managerial category begins running with the first admission, so an operation Edouard intends to run for a decade needs a longer-term plan started early rather than late. The Wickham company must also keep doing business throughout, in the sense of the regular, systematic and continuous provision of goods or services rather than the mere presence of an agent or an office, since the qualifying relationship depends on a foreign entity that is genuinely operating; winding it down after the move removes the foundation of his status. A third constraint is often misapplied at this point. The bar on placing a transferee primarily at an unaffiliated employer's worksite, where that employer controls and supervises the work or the placement is essentially an arrangement to provide labour for hire, is written at 8 U.S.C. 1184(c)(2)(F) for transferees serving in a specialized knowledge capacity, and it has no managerial or executive counterpart, so it is not what governs Edouard's time at customers' sites. The exposure there is the opposite one: hours he spends personally installing and finishing, wherever he spends them, are not managerial or executive capacity, and at the extension stage they count against the role rather than for it.

WICKHAM · BUSINESS EXPANSION

Your next conversation, from Wickham.

Bring your questions about work, business or family plans. Explore the guides at your own pace, then discuss the evidence and professional advice appropriate to your circumstances.

Speak with the USAvisa team
A CONVERSATION IS A GOOD PLACE TO START.

WHAT’S YOUR
NEXT CHAPTER?

Tell us where you are today.
Let’s talk about where you want to go.

Book a free consultation Or call +1 819 803 0263