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NIAGARA FALLS · L-1A FIELD GUIDE

Can a new-office period restart after a return to Canada?

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THE DIRECT ANSWER

Do not assume a trip resets the organization’s U.S. doing-business history or initial approval period. Use the actual operating and immigration dates.

Keep the company and individual events distinct

A new office concerns less than one year of U.S. doing business. Review actual progress and permission rather than relying on repeated travel to change the timeline.

For someone initially admitted in specialized-knowledge capacity, the regulation requires at least six months in the managerial or executive position to qualify for the seven-year total, and approval of the change in an amended, new or extended petition when it occurs. Keep the original submitted plan and record actual staffing, financial and operational developments as they occur, since the extension filing relies on what genuinely happened rather than a restated forecast. A new-office approval runs for one year, which sets the clock for demonstrating that the role has become managerial in substance, so starting at a point when the person can genuinely build the operation matters more than starting early. Filing makes sense once the qualifying year abroad has been earned, the American staffing supports a managerial role, and the corporate relationship is documented; filing before those three are true usually produces a request for evidence rather than an approval.