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HIGHLANDS · L-1A FIELD GUIDE

Do sale proceeds alone prove the foreign business continues?

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THE DIRECT ANSWER

Cash received from a transaction is different from evidence of ongoing business activity.

Read the financial event correctly

Identify operations that actually remain. A large receipt cannot substitute for qualifying entities, continuing business or the applicant’s primary role.

For a transfer tied to an acquisition, the expensive part is proving the relationship: obtaining certified corporate records from two jurisdictions, having accountants produce financial statements for both entities, and paying counsel to write a petition that traces ownership cleanly. Corporate transaction expenses, immigration preparation, current official charges and personal relocation costs answer different budgeting questions. A new office can require genuine business spending, but a larger launch budget does not itself prove executive or managerial capacity. Legal fees for a new-office petition reflect real work: designing the role, drafting the position description, assembling corporate evidence and writing a defensible business plan. Use a cost sheet that separates filing charges, premium options if available, legal scope, translations, evidence collection and the business expense of operating the proposed role. The heavier cost is preparing the corporate record: reconstructing the ownership trail, restating charts and producing evidence that both entities trade. Compensation is a separate matter: a raise may be evidence of a more senior role, but salary does not establish managerial or executive capacity and cannot substitute for the organisational evidence.