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OSHAWA · REMUNERATION REVIEW

Does the compensation plan match the new-office funding evidence?

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

USCIS new-office guidance asks about the foreign entity’s financial ability to remunerate the beneficiary. Clarify who will fund and administer compensation, and reconcile that arrangement with the business plan. A promised salary and an unexplained bank balance do not together show how the proposed role will be supported. A first review should reconcile the first year’s payroll plan with the foreign entity’s resources, the new office’s launch costs, and the beneficiary’s actual role. The governing records are corporate approvals, accounts, funding documents, employment terms, and the operating plan—not an unsupported promise of wages. The beneficiary generally needs one continuous year of qualifying foreign employment within the prior three years, and a new-office L-1 initial period is generally one year. Longer-term maximum periods are generally seven years for L-1A and five years for L-1B.

01

Identify the proposed arrangement

Record the employer, compensation commitments and intended funding source. Distinguish who pays administratively from which entity provides the resources, and obtain appropriate professional advice on the arrangement. Do not infer a payroll or tax rule from the immigration plan; those questions need their own review based on the actual facts. Name the paying entity, the source of funds, and the document that approves each arrangement. Hypothetical example: a grain-silo monitoring company opening a U.S. office should show whether the foreign company will fund the manager’s wages and how that transfer is authorized.

02

Compare commitments with the forecast

Check that compensation appears consistently across employment records, financial projections and corporate approvals. Include the timing assumed in each document. If funds are expected from the foreign business, show the basis for that expectation rather than counting the same money as unrestricted support for several incompatible business commitments. Test every forecast line against the same calendar. If the plan uses one balance for wages, equipment, and marketing, identify the order in which each commitment is met. The decision is whether the company can fund the role without assuming revenue that the office has not yet generated.

03

Preserve evidence during operation

Keep accurate compensation and funding records after launch, with explanations for material changes. Ask counsel how those changes affect the petition facts and later review. A realistic remuneration plan supports the application narrative, but it does not replace the qualifying role, corporate relationship or required employment abroad. Keep statements, payroll records, and explanations for material changes from the launch onward. The one-year initial period makes the operating record especially important when the office is reviewed later. Compensation evidence supports but cannot substitute for the qualifying relationship and a principally managerial, executive, or specialized-knowledge role.

04

Hypothetical example: a funding arrangement that changed after approval

Hypothetical example: a new U.S. office is established on the basis that the foreign parent will fund the manager wages for the first year, and six months in the parent reduces the transfers while local revenue is slower than forecast. The arrangement described in the file is no longer the arrangement in operation. Identify the proposed compensation and funding arrangement precisely at the outset, including who pays, from where, and under what authorisation, then compare the commitments against the forecast as the year proceeds. Preserve evidence of what actually happened, since a later review will ask how the office was funded and the answer should be documented rather than remembered.

SOURCE NOTES

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

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