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FOR BUSINESS LEADERS · CHATHAM-KENTChatham-Kent

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A company that has paused trading needs an accurate account of its remaining and planned operations before proposing a managerial transfer. L-1A depends on one continuous year of qualifying employment abroad within the three years before petition, a qualifying parent, branch, subsidiary or affiliate relationship with both relevant entities active, and a U.S. role that is primarily managerial or executive. A registered entity and a former management title do not establish every required fact. L-1A status is capped at seven years. The factual decision is not simply whether a company expects to grow. It is whether the record shows qualifying organizations, the applicant’s qualifying overseas employment, and a U.S. position that is genuinely managerial or executive. Build the evidence in chronological order: corporate relationship, operating activity, individual employment, then the planned U.S. authority. That sequence exposes gaps that a business plan cannot fill. It also prevents a pause, a change of employer, or a narrow supervisory role from being hidden behind a senior job title. Before filing, test the narrative against a simple evidence map: which record proves the group relationship, which shows real business, which establishes the foreign role and dates, and which demonstrates the U.S. authority. If a proposed transfer depends on an event that has not occurred, identify it as prospective. This approach helps the business decide whether to proceed, delay, or change its operating plan without overstating what the current record proves. That discipline also protects against a title-driven conclusion. It makes a pause, a delegation change, or an unfilled role visible before a decision is made. It also distinguishes genuine authority from a title attached to routine production work.

Talk about L-1A
PurposeExecutive or managerial transfer
Company linkQualifying related businesses
New officeA distinct evidence requirement
01

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.

02

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.

03

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 FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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