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APPLICATION ANSWERS · L-1A FIELD GUIDE

Can financing the restart substitute for evidence of current operations for a Chatham-Kent applicant?

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THE DIRECT ANSWER

A financing commitment is a funding fact, not proof that the business is already carrying on the activities claimed. Explain both separately.

Distinguish restart expenditure from immigration preparation

Record what the funds will pay for and which steps remain before operations resume. Keep filing fees, professional services and family costs distinct, verifying current official amounts. A large restart budget does not establish the qualifying corporate relationship or managerial role. Obtain commercial advice on the restart without treating it as immigration approval.

L-1A requires qualifying organizations that are doing business, a managerial or executive U.S. position, and twelve continuous months of qualifying employment abroad during the relevant preceding thirty-six months. Time in L-1A is limited to seven years in total. A first review should make a dated corporate-and-employment timeline, identify the entity that employed the person abroad, and separate strategic authority from day-to-day production. Corporate records settle the relationship; payroll and role records settle the employment period; organizational charts, contracts, and budgets help test the proposed role. Sequence the review before announcing a transfer date, because a title, registration, or forecast does not repair a missing operating fact. Hypothetical example: A cold-storage executive plans to use financing proceeds for a U.S. launch. The loan agreement, release conditions, and operating budget show what is funded, but they do not prove that the qualifying foreign organization is doing business. The practical next step is to preserve the underlying record, identify any conflict in writing, and decide the sequence from the facts rather than from a preferred outcome.