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APPLICATION ANSWERS · L-1A FIELD GUIDE

St. John’s: Can a transfer date be fixed before the handover is complete?

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THE DIRECT ANSWER

A business target can be recorded, but it does not establish approval or work authorization.

Identify which facts must be settled

Review unresolved foreign employment, entity or U.S. role issues before relying on the date. A planned deputy appointment cannot guarantee government timing.

Hypothetical example: a water-treatment-controls company needs its director for a board meeting before the foreign employment chronology is complete. Start with the foreign employment end date, the desired U.S. start and the evidence-collection calendar.

Payroll and travel records are the best way to test whether the required foreign period is complete, while business records show whether the proposed U.S. role exists now. Do not schedule a transfer around a meeting or launch date before those records are reconciled.

A frequent problem is counting time spent in the United States as if it strengthened the foreign employment history. For a new office, the initial period is limited and must be used to establish the intended managerial or executive role. Build an extension evidence file from day one.