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FOR BUSINESS LEADERS · PRINCEPrince

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Hypothetical example: a Sault Ste. Marie company is deciding whether its US operation will be a branch or a separate related corporation. L-1A review should document the structure actually chosen, the qualifying foreign employment and the proposed managerial or executive role. A corporate form can support the relationship evidence without automatically establishing the remaining transfer requirements. The planning choice is not simply branch versus subsidiary. It is whether the related entities are genuinely doing business, whether the ownership and control evidence is current, and whether the transferee's proposed position will be primarily executive or managerial. The required foreign employment has to be established from real dates and duties, not reconstructed after incorporation. Governance documents and operating evidence should be revisited at each material company change. A financing round, ownership transfer, delayed hiring plan, or shift in the transferee's daily work can change the proof needed for the qualifying relationship or managerial role. The record is strongest when decisions on corporate structure, staffing, and immigration timing reflect the same real operating plan rather than parallel narratives assembled for different audiences. The initial review should produce a practical evidence owner for every claim: corporate counsel for governance records, finance for transactions, human resources for payroll and charts, and the business lead for the real US duty plan. That allocation avoids a common late problem in which each adviser assumes another person has confirmed a key fact. If the office grows differently than forecast, update the account of the transferee's role before the next immigration step rather than preserving an obsolete description.

Talk about L-1A
PurposeExecutive or managerial transfer
Company linkQualifying related businesses
New officeA distinct evidence requirement
01

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.

02

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.

03

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.

04

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 FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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