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NORTH SAANICH · L-1A FIELD GUIDE

Is the employment anniversary enough to establish the qualifying foreign year?

Sources checked:

THE DIRECT ANSWER

An anniversary is a useful starting point, but the actual employment history and applicable counting rules must be assessed.

Review the relevant period accurately

Identify material travel and role changes without assuming every absence has the same effect. The résumé should not replace records needed to understand the qualifying service.

Where 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. Where several family members or holding entities are involved, have counsel assess actual control from the corporate records rather than from a simplified description. Separately prove a parent, branch, subsidiary, or affiliate relationship, continuing foreign business and either active U.S. business or, for a new office, the ability to commence it, and one continuous qualifying year abroad within the previous three. The requirement is one continuous year of qualifying employment abroad within the preceding three years, and time worked in the United States for the same organization is normally excluded from the count while the three-year window is extended correspondingly. The corporate relationship, continuing business and qualifying foreign year remain separate requirements; a senior title or financial responsibility alone does not supply them.