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FOOTHILLS COUNTY · RESTRUCTURING AND THE NEW OFFICE

Preserve the foreign business evidence before changing its structure

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

A new U.S. office proposal should explain the qualifying business relationship and employment history as well as the planned operation. If a Foothills County applicant’s Canadian organization will be reorganized, identify the effective changes before using an organizational chart as the basis for the immigration plan.

01

Draw the current and proposed entities

Use actual legal names, ownership and control, and distinguish signed changes from proposals. Hypothetical example: a division sale is expected shortly before the transfer. Identify which entity employs the applicant and which relationship would exist at each relevant stage. A historical affiliation does not automatically establish the relationship after the sale.

02

Retain the records that explain the history

Gather the relevant employment dates, duties and company evidence through legitimate channels. Identify who can verify records after the transaction. The general qualifying foreign-employment requirement must be assessed against the relevant period and circumstances; an old role should not be assumed to remain sufficient without review. 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

Connect the first year to the actual role

For an L-1A new office, explain premises, operations and the support for a managerial or executive role within one year. Initial approval is generally limited to one year. There is no universal staffing number that proves the case; distinguish the applicant’s authority from operational work and identify how the plan will be evidenced. 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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