§ 4302 : L EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW OFFICES

Section 214(c)(2)(8 U.S.C. 1184(c)(2)) is amended by adding at the end the following:

G.

 i. If the beneficiary of a petition under this paragraph is coming to the United States to open, or be employed in, a new office, the petition may be approved for up to 12 months only if—

I.

the alien has not been the beneficiary of 2 or more petitions under this subparagraph during the immediately preceding 2 years; and

II.

the employer operating the new office has—

aa.

an adequate business plan;

bb.

sufficient physical premises to carry out the proposed business activities; and

cc.

the financial ability to commence doing business immediately upon the approval of the petition.

ii.

An extension of the approval period under clause (i) may not be granted until the importing employer submits an application to the Secretary of Homeland Security that contains—

I.

evidence that the importing employer meets the requirements of this subsection;

II.

evidence that the beneficiary of the petition is eligible for nonimmigrant status under section 101(a)(15)(L);

III.

a statement summarizing the original petition;

IV.

evidence that the importing employer has complied with the business plan submitted under clause (i)(I);

V.

evidence of the truthfulness of any representations made in connection with the filing of the original petition;

VI.

evidence that the importing employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services;

VII.

a statement of the duties the beneficiary has performed at the new office during the approval period under clause (i) and the duties the beneficiary will perform at the new office during the extension period granted under this clause;

VIII.

a statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees;

IX.

evidence of wages paid to employees;

X.

evidence of the financial status of the new office; and

XI.

any other evidence or data prescribed by the Secretary.

iii.

A new office employing the beneficiary of an L–1 petition approved under this paragraph shall do business only through regular, systematic, and continuous provision of goods and services.

iv.

Notwithstanding clause (ii), and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security, in the Secretary’s discretion, may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted 12-month period if the importing employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services for the 6 months immediately preceding the date of extension of petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances, as determined by the Secretary in the Secretary’s discretion.