IN THIS GUIDE · Explain how the proposed U.S. role will exercise management or executive authority
Connect the historical role to the qualifying organizations
Generally, the record must establish one continuous year of qualifying employment abroad within the relevant three-year period preceding the transfer. Set out dates, employing entities and duties precisely, and flag any U.S. travel or prior U.S. work for counsel to assess. Do not assume a tidy résumé description resolves the legal timing analysis after a reorganization, merger, or change of the Canadian employer's corporate structure. For ordinary L-1A, the qualifying foreign year may be managerial, executive or specialized knowledge; the U.S. role must be primarily managerial or executive. U.S. days do not count toward the foreign year, though brief visits do not automatically interrupt continuity. The qualifying foreign employment must be full-time.
Describe authority through actual decisions
Identify the decisions the applicant would make, their authority over people or an essential function, and the operating work performed by others. Hypothetical example: an Ottawa employee holds a director title but personally delivers most client engagements. The proposed U.S. role needs a factual analysis; a senior title alone does not establish that the work will be primarily managerial or executive.
Establish ownership and control through the documents
The foreign and U.S. organizations must have a qualifying relationship, such as parent, branch, subsidiary or affiliate. Gather the effective ownership records and explain any intermediate holding entities or recent changes. Separate a commercial partnership or referral arrangement from a legal corporate relationship, and consider the actual business activity of each organization rather than treating incorporation alone as proof of operations. The qualifying group must continue regular, systematic and continuous business in the United States and at least one other country during the stay.
Treat a new office as an operating proposal
For an L-1A new office, the evidence must address secured premises and an operation capable of supporting the qualifying managerial or executive role within one year of approval. Initial new-office approval is limited to one year. Describe staffing, financing and the assignment honestly, and retain the actual business record for the later extension review; a forecast should describe what the company expects, not something already accomplished. A new office means the U.S. organization has been doing business for less than one year. New-office L-1A specifically requires the qualifying foreign year to be managerial or executive, with the U.S. role supported within one year of approval.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.