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FORT ERIE · DECISION WORKSHEET

Fort Erie L-1 guide: show what continues abroad after the key employee transfers

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

A handover plan must explain the foreign operation that remains after the transferee leaves. Identify who will perform the work, then test the individual foreign-employment period and the U.S. launch separately.

01

Identify what stays operational abroad

Hypothetical example: the employee moving to the United States handles a large part of the foreign company’s work. List the responsibilities that continue, the people or arrangements taking them over and what is still only planned. The qualifying group must conduct business regularly, systematically and continuously in the United States and at least one other country during the relevant stay. A registered foreign entity without that activity does not meet the condition. Do not describe a planned replacement hire as a worker already delivering services.

02

Separate the employee’s completed history from the handover

The ordinary L rule generally calls for a continuous full-time year abroad within the relevant preceding three years, in managerial, executive or specialized-knowledge employment. New-office L-1A specifically requires that foreign year in a managerial or executive capacity. Preserve actual dates and duties, including U.S. trips: a brief visit need not interrupt continuity, but days in the United States do not count toward the foreign year. A colleague’s ability to take over tomorrow cannot establish employment the transferee did not complete in the past.

03

Test the receiving operation against its launch requirements

An organization with less than one year of U.S. doing business falls within the new-office framework, regardless of the foreign company’s age. L-1A needs sufficient premises and an operation that will support the managerial or executive role within one year of approval. L-1B instead needs qualifying specialized knowledge, sufficient premises and financial ability to pay the worker and begin business. Initial new-office approval is limited to one year. Keep evidence of actual implementation so a later extension is assessed from operations, rather than a recycled handover forecast.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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