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PORT COLBORNE · DECISION WORKSHEET

Port Colborne L-1 guide: distinguish a company’s history from the employee’s foreign year

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

The organization’s years in business do not prove that a particular transferee completed the required qualifying employment abroad. Build the employee’s timeline before fitting it into the U.S. launch plan.

01

Start with the individual’s actual dates

Generally, L-1 requires one continuous qualifying year of employment abroad within the relevant preceding three years, subject to the applicable rules. Record real work locations, assignments and travel. Brief U.S. trips do not necessarily break continuity, but U.S. days are not days of qualifying employment abroad. Preserve payroll and employment records that explain the person’s own history.

02

Then identify the U.S. operation’s stage

A new office means the qualifying organization has been doing business in the United States for less than one year. Incorporation alone does not establish when regular business began. Explain sufficient premises and genuine operations. New-office L-1A requires the plan to support the managerial or executive position within one year of approval; L-1B has its distinct specialized-knowledge and financial-ability requirements.

03

Connect the history to the proposed work

An L-1A technical lead still needs a primarily managerial or executive role, not simply a senior title. An L-1B worker needs qualifying special or advanced organizational knowledge. Initial new-office approval is limited to one year, and an extension depends on actual evidence. The foreign business, qualifying relationship and the employee’s history remain relevant after the U.S. office opens. The qualifying foreign employment generally must be one continuous full-time year within the relevant preceding three years. Its capacity may be managerial, executive or specialized knowledge under the ordinary L rule; the proposed U.S. role has its own category test. Brief U.S. trips do not necessarily interrupt continuity, but U.S. days do not count toward the foreign year. New-office L-1B requires sufficient premises and financial ability to pay the employee and begin doing business, alongside qualifying specialized knowledge.

SOURCE NOTES

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

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