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FOR BUSINESS LEADERS · LAKE COUNTRYLake Country

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A hypothetical Kelowna company proposes a US managerial transfer while reducing its Canadian operation. The L-1A case must examine continuing qualifying business activity as well as the employee’s history and US role. A plan to relocate the entire business needs more analysis than a plan to add a related US operation. The maximum period in L-1A status is seven years. The practical output of an L-1A review is a dated corporate-and-employment narrative supported by records, rather than a diagram alone. It should identify which company continues trading, who performs day-to-day work, and why the transferred person will lead rather than perform the ordinary service.

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

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.

02

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.

03

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.

04

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.

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