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FORT ERIE · L-1A FIELD GUIDE

Does retaining the foreign company registration establish continuing business?

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THE DIRECT ANSWER

No. Explain actual qualifying activity rather than registration or an address alone. The organization’s operating facts need evidence.

Describe what continues after the transfer

Identify genuine people, resources and provision of goods or services. Do not assume the applicant’s planned departure proves either continuation or closure without examining the facts.

The definition of managerial capacity expressly includes managing an essential function within the organization, and health and safety compliance in a crane and rigging business may be an essential function if the petition establishes its importance to the organization. Where the corporate structure involves several owners or holding entities, ask counsel to assess control using the actual governing documents rather than a simplified organizational chart. Common ownership and control by the same parent can make two operating companies affiliates for this purpose, but the relationship has to be proved from share registers and agreements rather than asserted from a shared brand or management. The governing condition sits behind all of this: L-1A requires one continuous year of qualifying employment abroad with a related entity within the preceding three years, and a position managerial or executive in capacity rather than in title.