Review the actual transaction and the remaining qualifying relationship and business activity.
Identify what changed
An asset sale can have different effects depending on the real arrangement. Do not decide from a transaction label or assume the historical group structure remains effective without checking it.
If the U.S. organization has been doing business for less than one year, assess L-1A new-office requirements, including sufficient premises, required foreign managerial or executive employment and ability to support the intended managerial or executive role within one year of approval. Employment with a parent, branch, subsidiary or affiliate of the petitioning organization can count toward the continuous year, so a payroll move inside a genuinely related group may be continuous qualifying employment. The regulation requires the foreign entity to be doing business, meaning the regular and systematic supply of goods or services, so the petition must show what is still running rather than pass over the closure in silence. If the subordinates are not the petitioner's employees, the case must be built as a function manager with genuine discretion over an essential function, or the structure must be changed so supervisors are on the subsidiary's payroll. The requirement remains one continuous year of qualifying employment with the organisation abroad within the three years preceding the filing, in a managerial, executive, or specialized-knowledge capacity, and shareholding does not establish it.