Describe the pause without disguising it
Hypothetical example: a foreign business has stopped accepting orders while seeking financing for a U.S. expansion. Identify existing contracts, services still performed, receipts and what has ceased. Do not describe a dormant registration as active trade or assume a short pause automatically determines eligibility. Preserve dated invoices, service records, bank activity, and correspondence that show what the foreign operation actually did during the pause. A concise chronology should distinguish a temporary interruption from an unsupported assertion of continuing trade. The decision turns on records, not optimistic language about a restart.
Identify the qualifying organization that continues business
Provide the actual group structure and operating evidence. Depending on the structure, another qualifying foreign organization may continue the required business; do not assume the original employer is the only possible entity. A shared name is not proof that the alternative organization qualifies. Map parent, branch, affiliate, or subsidiary relationships with formation, ownership, and control documents. Then pair that map with current evidence that the relevant organizations conduct business. A common error is relying on common branding while the legal and operational connection is never documented.
Establish the applicant and U.S. role
Document the continuous qualifying year abroad within the relevant three-year period, with individual timing reviewed, and the proposed managerial or executive duties. New-office L-1A operations must support that role within one year, with sufficient premises and initial approval limited to one year. A future business plan does not erase missing historical facts. The entities must have a qualifying parent, branch, subsidiary or affiliate relationship and both must remain actively doing business. L-1A status is capped at seven years. For the U.S. role, identify delegated authority, the people or functions managed, and the work the applicant will not personally perform. In a new office, show premises and a credible first-year staffing plan. The review should decide whether the structure supports a manager, rather than merely a senior individual contributor.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
