IN THIS GUIDE · Count the qualifying year from the payroll, not from the promotion
Start with the L-1A eligibility and application overview
A leave in the middle of the year
Hypothetical example: a Portugal Cove-St. Philip's company that manufactures trawl nets and marine rope owns a subsidiary in the northeastern United States. Its operations manager has worked for the Canadian company for four years but took a five-month parental leave eighteen months ago. The qualifying year must be one continuous year of employment within the preceding three years. Paid or protected leave during which the employment relationship continued may not break continuity, but the petition must explain it and show that a full continuous year of qualifying work exists inside the three-year window. Payroll records and the leave agreement decide this, not the manager's seniority.
Managing a function counts, managing a title does not
L-1A requires primarily managerial or executive duties. A manager can qualify by supervising professional or managerial staff, or by managing an essential function at a senior level without direct reports, provided the manager sets goals and policies and exercises discretion. The petition must describe what the manager will decide, approve, hire and direct in the U.S. subsidiary. A job description copied from the Canadian post is a warning sign if the U.S. operation is much smaller; explain the actual U.S. staff, the organizational chart and the reason the role remains managerial there. Ask for a U.S. duty calendar that distinguishes executive decisions from operational work during the first six months. In a small operation, some hands-on activity may be unavoidable, but the record should show who performs routine production, sales, or service once staff are in place. The meaningful decision is whether the planned role is primarily directing an organization or function, rather than simply carrying a manager title.
Both entities must stay in business
The qualifying relationship must exist when the petition is filed and while the transferee holds status. If the Canadian company plans to wind down after the manager moves, the L-1A basis disappears. A Portugal Cove-St. Philip's file should show the ownership chart with percentages, the incorporation documents on both sides, and evidence that the Canadian entity continues to trade: recent invoices, payroll for remaining staff, and the name of the person who assumes the manager's Canadian duties. The transfer is of a person between two living companies, not the relocation of a business.
Spouse, children and the seven-year ceiling
An L-2 spouse is employment-authorized incident to status and may work for any employer; children in L-2 status may study but may not work, and lose dependant status at 21. L-1A status is granted in increments and is capped at seven years in total. A manager who has previously held L status in the last few years must account for that time. Petition fees are set out in the USCIS fee schedule, Form G-1055, and vary with employer size and filing options; read them there rather than relying on a figure from an earlier transfer.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.