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WOOLWICH · L-1A FIELD GUIDE

Should a family ownership or succession change happen before or after the L-1A filing?

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THE DIRECT ANSWER

That depends on which structure the petition will actually rely on. Present the current and any proposed future ownership structure for review before deciding the sequence, rather than assuming the immigration filing should wait for or drive the family's succession timeline.

Let the actual qualifying relationship decide the sequence

Identify which ownership structure is currently in effect and confirm whether a proposed succession change would affect eligibility. Coordinate family, corporate, and immigration advice together rather than deciding the timeline based on family expectations alone.

Document the delay as a factual, dated event, including correspondence with the utility or municipality and any revised timeline, rather than omitting it or describing the office as already operational. The backward clock is the qualifying year, which must be continuous and must fall within the three years before the petition, so an employee who has already been working in the United States for an extended period may find the window closing. Sequence the case around formation, secured premises, staffing commitments, funding, the petition decision, authorized entry, business commencement, and evidence needed for extension. Describe realistically what staffing and financing will exist at the outset, and keep the actual operating record for the extension stage rather than treating the initial business plan as if it were already accomplished.