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CHESTERMERE · GOVERNANCE AND THE ROLE

Explain decision authority in a new office with several owners

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

A new-office L-1A proposal should explain both the business development plan and the authority assigned to the beneficiary. Multiple owners do not answer whether the applicant’s actual role is managerial or executive. Present the governing agreements and the operating responsibilities together.

01

Identify reserved decisions

List decisions kept by a board, another owner or the foreign company and those delegated to the beneficiary. Hypothetical example: a Chestermere co-owner will open a U.S. office but needs approval for staffing. Describe the actual authority rather than using the ownership title to imply powers not granted.

02

Show who performs the launch work

Identify the beneficiary’s initial tasks, planned hires and outside services. Explain how the proposed operation can support the qualifying role within the first-year framework. A particular headcount does not settle the analysis. Keep planned responsibilities distinct from work already delegated, and retain records supporting the actual arrangements. The L-1A new-office case specifically requires one continuous full-time foreign year in a managerial or executive role during the relevant three years. Brief U.S. trips need not break continuity, but U.S. days do not count. Establish a qualifying parent, branch, subsidiary or affiliate relationship and continuing regular, systematic and continuous business in the United States and at least one other country.

03

Preserve changes for extension review

Initial new-office approval is limited to one year. Track developments in staffing, finances, duties and business activity along with continuing company relationships. If governance terms change, keep the effective documents. The extension account should explain the developed operation, not rewrite the initial plan to make it appear perfectly accurate. New-office treatment concerns less than one year of U.S. doing business, rather than incorporation age. L-1A requires sufficient premises and support for the qualifying U.S. managerial or executive position within one year of approval, with initial approval capped at one year. L-1B new offices instead need qualifying specialized knowledge, sufficient premises and financial ability to pay the employee and commence business; that initial approval also cannot exceed a year.

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