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FOR BUSINESS LEADERS · BONFIELDBonfield

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Hypothetical example: an employer with an operating cycle should explain its activities throughout the period relevant to a transfer, not only during its busiest months. L-1A requires qualifying organizations doing business, qualifying employment abroad and a managerial or executive U.S. role. A seasonal label does not decide the analysis without the actual facts. The first review should produce a dated organization chart, an employment timeline, and a practical allocation of operational work versus strategic authority. It should also test whether the business records show more than a future aspiration. The decision is not whether the transferee is senior in a general sense, but whether the planned American position will be managerial or executive on the documented facts.

Talk about L-1A
PurposeExecutive or managerial transfer
Company linkQualifying related businesses
New officeA distinct evidence requirement
01

Describe the full business cycle

Hypothetical example: a foreign company performs customer delivery during part of the year and maintenance, contracting and planning during another part. Document the activities and staff responsibilities throughout. Do not equate a quiet period with either proven ongoing business or automatic cessation; explain what actually occurs. Hypothetical example: a commercial-laundry group says its foreign operation remains active between hotel contracts because it repairs machines, negotiates linen supply, and trains route staff. The file should connect those claims to invoices, schedules and accountable personnel. A narrative that merely repeats “year-round” gives the reviewer no way to distinguish continuing business from preparation for later work.

02

Establish the applicant’s qualifying employment

Record duties and dates supporting one continuous qualifying year abroad within the relevant three-year period, with individual timing assessed. Distinguish employment from occasional participation or ownership. A full-year job title should not conceal gaps or changes in the actual relationship. Rebuild the calendar from payroll, tax, leave and supervision records, then identify the employer that held the qualifying relationship throughout. The required foreign service is one qualifying year counted during its statutory three-year window. Interruptions need a dated account rather than concealment within a continuous-looking résumé.

03

Show the proposed managerial or executive role

Explain authority and who performs underlying work in the United States. For a new office, sufficient premises and an operation supporting the L-1A role within one year are required, with initial approval limited to one year. A projected busy period does not replace evidence of the operation and role across the actual plan. A parent, branch, subsidiary or affiliate connection must link the U.S. petitioner to an active foreign employer, with both sides doing business. Client-site work must remain under petitioner control and cannot be a labour-for-hire placement. The L-1A maximum is seven years. For an established office, show who carries out day-to-day production and what discretionary authority remains with the transferee. For a new office, measure the initial one-year plan against premises, funding, hiring sequence and credible workload. L-1A time is generally capped at seven years, so the planned American position and timing must be set without assuming indefinite renewals.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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