IN THIS GUIDE · Show the managerial handover on both sides of the transfer
Describe what the deputy actually assumes
Hypothetical example: a department head is proposed for a U.S. transfer while a deputy takes over Canadian assignments. Identify which duties move to the deputy, which remain with the applicant and who performs operational work. A handover chart should reflect real authority rather than a planned title alone. A useful handover record names the employees who take operational tasks and the decisions that remain with the proposed transferee. It helps distinguish genuine management from a plan that leaves the applicant doing the same day-to-day production work abroad.
Test the proposed U.S. role on its own facts
Document decision-making authority, reporting relationships and support for the actual duties. Where a function-manager theory is proposed, explain the function and how the applicant primarily manages it rather than performs it. There is no universal headcount that automatically proves a managerial role. Collect organization charts, budgets, signed authority limits and staff descriptions that show the U.S. role in practice. The most persuasive record connects claimed discretion to decisions the applicant will actually make.
Connect the role to qualifying organizations
Provide ownership and control records, the foreign employment chronology and evidence of doing business. The organization must continue qualifying operations in the United States and at least one other country during the relevant period. A corporate registration or unused office does not replace operating evidence. Trace ownership from each entity to its ultimate parent or controlling owner, then pair that chart with current operating proof. Matching names on incorporation certificates is not enough if the relationship or business activity is unclear.
Identify whether new-office requirements apply
If the U.S. organization has been doing business for less than one year, assess the applicable new-office requirements. An L-1A launch needs the required foreign managerial or executive employment, sufficient premises and support for the intended managerial or executive role within one year of approval. Initial new-office approval is limited to at most one year. For a launch, separate the first-year operating plan from later growth projections. The company must show premises and a credible path to a managerial or executive role within the initial period, rather than treating a leased address as the full answer.
Establish the qualifying foreign year and active organizations
The foreign employment generally must include one continuous qualifying year within the relevant preceding three-year period, assessed on the individual facts. U.S. days do not count toward that foreign year; a trip should not automatically be treated as breaking continuity. The qualifying organization must do business in the United States and at least one other country during the relevant period, through regular, systematic and continuous provision of goods or services rather than registration alone. Build the employment chronology from payroll, leave records, travel evidence and job descriptions before calculating eligibility. The same chronology also prevents a later extension file from contradicting the transfer’s original role.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.