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HAMPTON · THE MISSING YEAR

A founder who has just incorporated has no qualifying year yet

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

Hypothetical example: a Hampton entrepreneur incorporated her consultancy eight months ago and wants to open a U.S. office on a new-office L-1A petition. The new-office rules address a young U.S. entity, not a young Canadian one. She still needs one continuous year of qualifying employment with the foreign entity within the three years before the petition, in a managerial or executive capacity. Eight months is not twelve, and no feature of the new-office provisions supplies the difference.

01

Two different young companies, only one is accommodated

Hypothetical example: a Hampton founder reads that a new office can be approved for one year with evidence of premises and the capacity to support the role, and reasonably concludes the category is built for start-ups. It is built for a new U.S. operation of an established foreign employer. For an L-1A new-office petition, the qualifying year is a fact about the person and the foreign entity: twelve continuous months of employment with a qualifying organization within the preceding three years in a managerial or executive capacity. Specialized-knowledge employment alone does not satisfy that prior-year requirement for this new-office L-1A route. A founder who incorporated eight months ago has eight months of qualifying employment, whatever the U.S. plan looks like. The new-office provisions relax what the U.S. entity must already be, not what the foreign side must already have been.

02

Time is the simplest fix, and it is not the only one

Hypothetical example: the founder's realistic options are to wait, to look elsewhere, or both. Waiting four months and then filing is straightforward if the business can absorb the delay, and the intervening period is well spent building the corporate record: payroll, contracts, financial statements and a documented managerial role, all of which the petition will need anyway. If she previously worked for a company that has a qualifying relationship to her new venture, earlier employment might count, but only if that relationship genuinely exists, and inventing one is not an option. Separately, because she would own the enterprise, E-2 may fit her facts if she is placing capital at risk in a real operating U.S. business, which is a different analysis with different evidence.

03

Use the waiting months to build what the petition needs

Hypothetical example: the founder treats the four-month wait as dead time. It is the opposite. A new-office petition has to show the qualifying relationship between her Canadian company and the new U.S. entity, physical premises secured in the United States, and that the new entity will support a managerial or executive role within a year. Each of those is easier to evidence when it is built deliberately: keep clean payroll records establishing her own employment and role, sign real customer contracts, prepare audited or reviewed financial statements, incorporate the subsidiary and document how the parent will fund it. Then file on a foreign entity that is visibly trading, with a founder whose qualifying year is beyond argument.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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