IN THIS GUIDE · Explain retained Canadian oversight during the U.S. expansion
Allocate responsibilities between operations
Hypothetical example: a manager will lead the U.S. operation while continuing selected Canadian decisions. Identify which duties remain, who performs services and where the applicant works. A single title should not hide substantial operational delivery on either side. Trace the order of events: record the original plan, the decision-maker, and the date on which an obligation became binding. That sequence often exposes whether a later explanation describes a fact or an aspiration.
Demonstrate the proposed qualifying role
Explain actual authority, reporting relationships and operational support. A function-manager analysis concerns primarily managing rather than performing the function. Headcount alone does not decide the issue; connect the real organization to the applicant’s substantive duties. Test labels against evidence. Job titles, corporate descriptions, and sales language are useful starting points, but the underlying duties, authority, and transaction records resolve the legal question.
Document employment and qualifying organizations
Provide ownership and control records, foreign employment dates and physical locations, and actual business activity. Assess the applicable qualifying foreign-employment period individually; time in the United States does not count toward the foreign year. The organization needs qualifying operations in the United States and at least one other country during the relevant period. Use originals that can be dated and connected to a person or entity. A chronology should identify gaps, translations, and documents that contradict the preferred narrative before anything is submitted.
Apply launch requirements where relevant
If the U.S. organization has been doing business for less than one year, L-1A new-office review includes sufficient premises, required foreign managerial or executive employment and ability to support the intended managerial or executive role within one year of approval. Initial new-office approval is limited to at most one year. Separate a future forecast from current proof. A business plan, anticipated hire, or intended assignment may matter, yet it cannot silently become evidence that the fact already exists.
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. Any principal offsite placement must not be labour for hire, and the petitioner must retain control. L-1A status is capped at seven years. Finish with a decision record stating what is established, what remains conditional, and what must happen before the next immigration step. That record prevents a commercial deadline from dictating an unsupported filing position.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.