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APPLICATION ANSWERS · L-1A FIELD GUIDE

Kelowna: Which records show a reduced foreign office still does business?

Sources checked:

THE DIRECT ANSWER

Use reliable evidence of the actual continuing business activity and qualifying relationship. The relevant records depend on what the organization does; registration and a retained bank account alone may not establish operations. Describe reductions and changes accurately rather than submitting an old operating picture as current.

Connect evidence with the ongoing activity

Identify the services or goods provided, responsible personnel and relevant transactions. Explain which entity performs them. Do not manufacture revenue or staffing to make the office appear active, and keep the applicant’s historical employment evidence separately traceable.

Gather formation records, ownership ledgers, intercompany agreements, invoices, tax or payroll evidence, and a dated organization chart. A first review uses those records to show both the qualifying relationship and active business operations. For the transferee, collect foreign job descriptions, payroll, employment letters, travel records where relevant, and documents describing the proposed US authority. New-office cases also need premises evidence and a credible operating plan. The common failure is a chart that says manager while contemporaneous emails show the transferee performing every routine task. Preserve originals and explain gaps rather than recreating history with a polished summary.

Hypothetical example: an aerospace-parts wholesaler's director has one formal employment contract but changed payroll entities after a merger. The file needs merger documents and payroll continuity, not just a new title letter.