Document the legal structure
Identify the entities and the applicable parent, branch, subsidiary or affiliate relationship. Use reliable formation, ownership and control records. A trade name or business relationship alone does not prove the qualifying connection. Create one ownership diagram and test it against share ledgers, governance records, and formation documents. If the diagram changes after a financing or restructuring event, explain the change rather than presenting a stale chart.
Show that business is being conducted
For an established-office case, establish that the related Canadian and US entities are both actively doing business rather than relying only on registration. If the US operation is a new office, the initial petition can be approved for no more than one year and must show secured premises and capacity to support the managerial or executive role. A branch label does not make an inactive operation an established office. For a new office, premises, a credible operating plan, financial ability, and a staffing trajectory matter because the role must develop into qualifying management or executive work. Do not present a proposed workforce as already functioning.
Explain the management role
Identify the applicant’s authority, primary duties and the staff or resources performing operational work. A founder may perform several roles, so the description must reflect reality. Ownership is not a substitute for primarily managerial or executive duties, and total L-1A stay is generally capped at seven years. Describe who makes policy, who controls budgets, and who performs routine production or service work. A small team may be credible, but unsupported claims that the transferee manages everything can point toward nonqualifying hands-on duties.
Verify the employment history
Document one continuous year of qualifying employment abroad within the three years before the petition or admission and the capacity served. Reconcile role and travel records. A convenient corporate structure cannot create a qualifying employment period the applicant does not have. Count the qualifying foreign year carefully and retain payroll, travel, and role evidence. L-1A has a seven-year maximum stay limit, so the company's transfer and succession plan should not assume indefinite temporary status.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
