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APPLICATION ANSWERS · L-1A FIELD GUIDE

Does a foreign company’s registration prove it is doing business for a Chatham-Kent applicant?

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THE DIRECT ANSWER

No. Registration establishes legal existence; actual business activity needs its own evidence. Describe the facts of any pause and the qualifying group’s operations.

Show the activity behind the entity

Provide contracts, services, sales and other reliable operating records relevant to the period. Explain what continues and what has stopped. If another foreign organization is relied on, establish its qualifying relationship and business. Do not assume either that a registered dormant company is sufficient or that every temporary interruption has the same legal effect.

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 marine-supply director manages vendor strategy abroad while also personally handles emergency orders. Payroll, authority records, and the proposed U.S. organization chart determine whether the transfer is for a managerial role rather than a senior operational job. 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.