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APPLICATION ANSWERS · L-1A FIELD GUIDE

Can registration documents alone prove the US operation is doing business in a Sault Ste. Marie case?

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THE DIRECT ANSWER

Registration shows a legal or administrative fact, but it does not necessarily establish the required business activity. Collect reliable operating evidence relevant to the actual case. A registered branch or company may still fall under the new-office framework depending on when it began doing business.

Distinguish setup records from operations

Identify contracts, transactions, staffing and other evidence of the actual business, as applicable. Explain dates and the nature of the activity. Do not call an incorporation anniversary the operating anniversary without evidence that the business history supports it.

L-1A requires qualifying related organizations and one continuous year of qualifying foreign employment during the three years before the relevant filing or admission. The US role must be primarily managerial or executive, not merely a senior title. L-1A status has a seven-year maximum stay limit, subject to the governing rules. Treat the corporate file and the beneficiary file as connected but separate proof streams. The first establishes the relationship and ongoing business; the second establishes the applicant's foreign work and the proposed executive or management duties. Reconcile share registers, minutes, payroll, invoices, organizational charts, and job descriptions by date. A new-office presentation especially fails when optimistic staffing diagrams are offered without premises, funding, or a credible operating sequence. Hypothetical example: A specialty grain-milling group has a branch certificate but its ownership ledger shows a recent transfer. It obtains the signed transfer records, financial documents, and a current organization chart before claiming that an overseas general manager will supervise the US launch.

Before submission, compare the entity records with the beneficiary records in date order. The first unexplained gap should be resolved with the underlying document, not a conclusory cover-letter sentence.