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WEST KELOWNA · APPLICANT PLANNING

Give a new US operation an operating plan beyond its lease

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

A new-office L-1 proposal needs evidence about the work the enterprise will undertake and how it will support the transferee. A signed room lease can be relevant premises evidence without establishing the rest of the business. Hypothetical example: a laboratory-supply group wants to send its quality-assurance manager to open a US office while the foreign branch continues serving existing customers. The decision is whether the company can document the qualifying relationship, her uninterrupted qualifying year abroad, suitable premises, and a first-year plan that leads to a genuinely managerial role. A signed lease alone cannot settle those questions.

01

Check the foreign operation through the proposed transfer

Identify the qualifying corporate relationship, actual foreign employment and the required continuous qualifying year within the relevant three-year period. The organization must continue doing business in the United States and at least one other country, directly or through a qualifying related organization, during the relevant stay. Winding down the only foreign business is therefore a substantive planning issue. Build a dated foreign-employment timeline supported by payroll and job records. The qualifying period must include one full uninterrupted year during the three years immediately before the filing, and the related businesses must continue doing business in the relevant countries.

02

Build the capacity appropriate to the classification

For L-1A, describe how the US operation will support a primarily managerial or executive position within one year, including who performs the underlying operational work. For L-1B, document the qualifying specialized knowledge and financial ability to pay the worker and commence doing business. Sufficient physical premises and other applicable new-office evidence remain necessary; neither label substitutes for an operating plan. Choose L-1A or L-1B from the future role, not from a preferred label. L-1A needs a managerial or executive position; L-1B needs specialized knowledge plus appropriate new-office evidence and financial capacity.

03

Plan the first year as evidence-producing work

Initial new-office approval is limited to one year. Keep contemporaneous customer, financial, staffing and premises records so an extension can address actual operations. The anniversary does not automatically convert an underdeveloped venture into an established qualifying business, and a projection should remain visibly a projection until supported by performance. Treat the first year as an evidence calendar: customer activity, staffing, financial records, premises use, and the transferee's duties. Initial new-office approval lasts no more than one year, so later claims should be anchored in contemporaneous facts.

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