IN THIS GUIDE · Explain how the proposed U.S. role will exercise management or executive authority
Connect the historical role to the qualifying organizations
Generally, the record must establish one continuous year of qualifying employment abroad within the relevant preceding three-year period. Set out dates, employing entities and duties, with any U.S. travel or work for counsel to assess. Do not assume that a continuous résumé description resolves the legal timing analysis after a reorganization or change of employer. The general foreign-employment rule requires one continuous full-time year within the relevant three-year period in managerial, executive or specialized-knowledge capacity. Brief U.S. trips need not break continuity, but U.S. days do not count toward the foreign year. The U.S. assignment must independently meet the requested classification.
Describe authority through actual decisions
Identify the decisions the applicant would make, their authority over people or an essential function, and the operating work performed by others. Hypothetical example: a Calgary employee has a director title but personally delivers most client services. The proposed role needs a factual analysis; a senior title alone cannot show that the U.S. work will be primarily managerial or executive. A qualifying parent, branch, subsidiary or affiliate relationship must accompany regular, systematic and continuous business in the United States and at least one other country throughout the L stay. An entity’s registration alone is not doing business.
Establish ownership and control through the documents
The foreign and U.S. organizations must have a qualifying relationship, such as parent, branch, subsidiary or affiliate. Gather the effective ownership records and explain intermediate entities or changes. Separate a commercial partnership or shared branding from the legal relationship. The relevant organizations’ business activity must also be considered, rather than treating company registration as proof of operations. The U.S. role must primarily involve management or executive functions. A function manager operates at a senior level over an essential function, rather than chiefly doing that function’s work; first-line supervision of nonprofessional staff alone is insufficient. An owner or major stockholder must also show temporary U.S. services followed by an assignment abroad.
Treat a new office as an operating proposal
For an L-1A new office, the evidence addresses secured premises and an operation capable of supporting the qualifying role within one year of approval. Initial new-office approval is limited to one year. Describe staffing, finances and the assignment honestly, and retain the actual business record for extension review. A forecast should identify what the company expects, not be presented as something already accomplished. A new office means an organization doing business in the United States for less than one year, not simply a recently incorporated entity. For this L-1A branch of the rules, the qualifying foreign year must specifically be managerial or executive. Sufficient premises and an operation capable of supporting the qualifying U.S. role within one year of approval are required; initial approval cannot exceed one year.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.