IN THIS GUIDE · Establish the qualifying employment and the actual managerial authority as two separate facts
Build a dated employment chronology
Generally, the applicant needs one continuous year of qualifying employment abroad within the three years preceding the transfer. List the employing entities, dates, and duties in order, and flag any U.S. travel or work during that period for review. A resume that reads as continuous service does not resolve a timing question created by a corporate reorganization or a change of employer partway through that period. The qualifying foreign employment must be full-time and may be managerial, executive or specialized knowledge in an ordinary petition; the proposed U.S. role must meet the requested L-1 classification. U.S. days do not count toward the foreign year, although brief visits do not automatically interrupt continuity.
Describe authority through concrete decisions
Identify what the applicant would actually decide, whom they would direct, and which essential function they would be responsible for, along with who performs the underlying operational work. Hypothetical example: an applicant holds a director title but personally handles most client deliverables day to day. A title on an org chart does not establish that the proposed U.S. work will be primarily managerial or executive; the actual allocation of duties does.
Confirm the qualifying corporate relationship with documents
The foreign and U.S. organizations need a qualifying relationship — parent, branch, subsidiary, or affiliate — established through effective ownership and control records, not marketing material. Where intermediate holding entities or recent ownership changes exist, gather the documents explaining them. A commercial partnership or shared branding between two independent companies is not the same thing as this legal relationship, and the actual business activity of both entities should be documented rather than assumed from their registration. 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 U.S. office honestly as a forecast
For a new-office L-1A petition, the evidence should address secured premises and a plan for an operation capable of supporting the managerial or executive role within one year, and initial approval for a new office is limited to that one year. Describe staffing and financial plans as what they are — expectations — and keep the actual records of what develops for the later extension filing, rather than presenting a forecast as an accomplished fact. A new office is a U.S. organization doing business for less than one year. New-office L-1A specifically requires the qualifying foreign year to be managerial or executive, and the support deadline is one year from approval; initial approval is at most one year.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.