Examine the continuing business structure
The qualifying organization must meet the requirements for doing business in the United States and at least one other country, directly or through a qualifying relationship, during the relevant stay. Assess the real group structure; do not assume that merely keeping a foreign registration active establishes business operations. Collect current invoices, payroll, tax filings, bank activity, and customer records for each relevant organization. These materials test ongoing business activity more directly than a dormant registration or an unsigned expansion plan.
Establish the employment abroad
Document the required continuous year of qualifying foreign employment within the relevant three-year period, applying the rules to the actual chronology. Identify the employer and capacity served. A decision to close or reduce an office does not erase the need for truthful historical evidence. Build a month-by-month employment timeline and reconcile titles, payroll, travel, and leave periods. The required qualifying year must be continuous and fall during the three years immediately before the request.
Describe the US management role
Identify primarily managerial or executive duties and who performs operating work. A founder moving equipment or personally delivering services is not automatically a qualifying executive because they own the business. Explain the proposed staffing and authority accurately. Use an organization chart that names the people handling production, sales, or delivery work. It should show the manager's authority over a function or staff, not merely the ability to make decisions as an owner.
Review new-office requirements
Determine whether the US operation is a new office from its actual business history. New-office L-1A requires the applicable premises and support for a qualifying role within one year, with initial approval no longer than one year. A relocation forecast is not evidence that the proposed operation already exists. Set the first-year milestones against the new-office evidence. L-1A has a seven-year maximum stay, and a new office must show that its premises, staffing, and operations will support the asserted managerial role after its initial year.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.