IN THIS GUIDE · Show the qualifying transfer and the actual managerial or executive authority separately
Establish the qualifying foreign employment first
Generally, the record must show one continuous year of qualifying employment abroad within the relevant three years preceding the transfer. Lay out dates, the actual employing entity for each period, and duties performed, and flag any prior U.S. work or travel for a reviewer to assess. A tidy résumé narrative should not be allowed to paper over a reorganization, an employer change, or a gap in the actual timeline. 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.
Describe authority through concrete decisions, not a title
Identify what the applicant would actually decide, who they would direct, and which essential function they would manage, as distinct from the people who perform the underlying operating work. Hypothetical example: a St. Catharines company proposes a 'general manager' role, but the person would spend most of the week personally handling client accounts. That factual pattern needs to be assessed honestly rather than assumed away by the title. A function manager must act at a senior level over an essential function and primarily manage it. First-line supervision of nonprofessional workers alone is insufficient.
Prove the corporate relationship with documents, not familiarity
The U.S. and foreign entities must have a qualifying relationship, such as parent, branch, subsidiary, or affiliate. Gather the actual ownership records, including any intermediate holding entities, and explain recent changes. A long-standing family or personal relationship between the owners of the two companies is not itself the qualifying corporate relationship the evidence must establish. The qualifying group must provide goods or services regularly, systematically and continuously in the United States and at least one other country throughout the relevant stay; registration alone is insufficient.
Treat a new U.S. office honestly as a forecast
For an L-1A new office, the evidence must show secured premises and an operation capable of supporting the proposed managerial or executive role within one year of approval. Initial new-office approval is limited to one year. Describe realistically what staffing and financing will exist at the outset, and keep the actual operating record for the extension stage rather than treating the initial business plan as if it were already accomplished. A new office means less than one year of U.S. doing business. New-office L-1A specifically requires the foreign qualifying year in a managerial or executive capacity. An owner or major stockholder must also show temporary U.S. services and a subsequent foreign assignment.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.