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ESQUIMALT · L-1A FIELD GUIDE

What if the applicant receives decision authority only after the proposed transfer?

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THE DIRECT ANSWER

Describe present and proposed duties accurately and assess the relevant requirements for both.

Avoid rewriting the foreign history

Future authority should not be backdated into the qualifying foreign role. Explain the actual timeline and, where relevant, the new-office plan without treating a promised promotion as completed service.

Revise the petition record when a delayed opening changes headcount, revenue assumptions, reporting lines, or the share of time spent on qualifying duties. Use a single calendar for corporate closing events, the foreign employment period, filing, travel, and the proposed US leadership start. A request cannot sensibly be made until the entity exists, the premises question is answered, and the applicant's qualifying foreign employment can be documented, so those are the dates that govern. An initial new-office petition needs secured physical premises, evidence of the U.S. investment’s size, and proof that the foreign entity can remunerate the beneficiary and commence business. L-1A requires qualifying organizations that are doing business, a managerial or executive U.S. position, and twelve continuous months of qualifying employment abroad during the relevant preceding thirty-six months. Review premises, staffing, and financial capacity honestly before treating a planned launch date as equivalent to an immigration decision. L-1A generally calls for twelve continuous foreign months in the relevant three-year period and permits no more than seven years in the category.