IN THIS GUIDE · Show what the proposed U.S. role would actually manage or direct
Line up the qualifying employment abroad
Generally the record needs to show one continuous year of qualifying employment abroad within the relevant three-year period before the transfer. Set out the employment dates, the employing entities, and the actual duties, flagging any U.S. travel or outside consulting for review. A tidy résumé narrative does not by itself resolve the legal timing question after a merger, reorganization, or change of employer. Map ownership and control with current corporate records, not assumptions drawn from similar names or shared managers. Then map reporting lines and decision authority. The deciding evidence often includes organizational charts with names, job descriptions, payroll, budgets, signing authority, and records of who performs operational work. A senior employee who mainly delivers the company’s service may not meet the managerial standard.
Describe authority through real decisions, not a title
Identify the decisions the applicant would make, who reports to them or which essential function they would direct, and who performs the operational work instead. Hypothetical example: a Victoria company's proposed transferee holds a senior title but currently spends most of the week doing the same client-facing work as the rest of the team. The proposed role needs a factual account of what the person will actually do; a senior-sounding title alone does not establish that the work will be primarily managerial or executive. For a new office, premises and a credible first-year operating plan are separate questions. A lease may establish usable space; staffing, funding, contracts, and a realistic timetable explain whether the operation can support the proposed role after the first year. Preserve the filing-year plan so later evidence can show what occurred and why any material departure happened.
Establish the corporate relationship with documents, not description
The foreign and U.S. entities need a qualifying relationship, such as parent, branch, subsidiary, or affiliate, and that relationship has to be shown through actual ownership records rather than a general description of a partnership. Gather documents covering any intermediate holding companies or ownership changes, and be ready to show that each entity is conducting real business rather than existing only on paper. Review the foreign position independently. The qualifying year is not merely time on a payroll: the record should establish the position, employer, duties, and continuity. Company minutes, pay statements, tax records, reporting charts, and contemporaneous work product can resolve gaps that a new explanatory letter cannot. Keep foreign operations active where the claimed relationship requires it.
Treat a new-office proposal as a business plan, not a formality
A new-office L-1A petition needs evidence of secured premises and an organization capable of supporting the proposed managerial or executive role within one year of approval, and that initial approval period is limited to one year regardless of how the business performs. Describe staffing, financing, and the assignment realistically, and keep the actual business records for the later extension review; a forecast should describe an expectation, not something already accomplished. Plan each extension against the work actually performed. The L-1A cap is seven years, and time spent in the United States in other classifications can raise separate questions. Track entry dates, approvals, time outside the country, and business changes. A later promotion is useful only if records show the underlying managerial or executive authority, not just an upgraded title.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.