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APPLICATION ANSWERS · L-1A FIELD GUIDE

Should the transfer wait until the foreign business resumes orders for a Chatham-Kent applicant?

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THE DIRECT ANSWER

The answer depends on the actual qualifying organizations, ongoing activities and applicable filing requirements. Present the current facts and proposed dates for assessment.

Identify the evidence that would change the decision

Record the restart conditions, confirmed contracts and which organization performs the work meanwhile. Do not label an anticipated order as an executed contract. The proposed transfer date should follow an assessment of the evidence rather than an assumption that fast processing cures an operational gap. Preserve alternatives if the business plan changes.

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 book-distribution manager expects a new overseas supply contract next quarter. The executed contract and evidence of current activity, rather than a forecasted purchase order, determine whether a filing timeline is supportable. 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.