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FOR BUSINESS LEADERS · RURAL MUNICIPALITY OF SHERWOODRural Municipality of Sherwood

Built in Canada.Ready for more.

Hypothetical example: a grain-handling equipment manufacturer based in the Rural Municipality of Sherwood has owned a U.S. assembly subsidiary for several years. Its Canadian operations manager has been flying down for a week each month to fix scheduling problems, and the board now wants her to run the U.S. plant full-time. Everyone assumes the transfer is routine because the relationship between the companies is old and the manager is well known. L-1A still requires proof of one continuous year of qualifying employment abroad within the three years before the petition, a managerial or executive role in the United States, and an active relationship between the two entities. The travel history is the detail most likely to complicate this file, and this edition explains how to present it. A first review should also calculate the available L-1 time before a move is announced. The seven-year ceiling is cumulative, so the company needs the person's prior L admissions, not just the proposed transfer date.

Talk about L-1A
PurposeExecutive or managerial transfer
Company linkQualifying related businesses
New officeA distinct evidence requirement

IN THIS GUIDE · Count the year abroad correctly when the manager has already been travelling to the U.S. plant

Start with the L-1A eligibility and application overview

01

Establish the relationship with records, not with history

The subsidiary may have been owned for years, but the petition still needs the current share register, the certificate of incorporation of each company and evidence that both are actively doing business. Ask the corporate secretary for the most recent annual return and the U.S. state filing. If ownership was reorganized through a holding company or a family trust, trace the chain so that the parent-subsidiary link is visible on paper. A relationship everyone knows about is not evidence until it is documented. Make one ownership chart that names each intermediate entity and attach a record for every link. This is preferable to asking an officer to infer control from a familiar family surname.

02

Treat U.S. business trips as neutral time

Periods the manager spent in the United States on business visits for the same company group do not break the continuous year abroad, but they also do not count toward it. Build a month-by-month schedule of the past three years showing Canadian payroll, the dates of each U.S. visit and the purpose. If the visits were long enough that the manager was effectively working in the United States for extended periods, the year abroad must be assembled from the remaining time. Producing this schedule early avoids an awkward request for evidence later. Keep the travel calendar beside the payroll records. It identifies both the qualifying foreign-service periods and visits that need a precise business-purpose explanation.

03

Describe management, not troubleshooting

The manager's value to the company may be that she personally solves scheduling crises, but L-1A is about directing an organization or a function. The petition needs the U.S. organization chart, the number and titles of subordinates, who hires and disciplines them, and what budget or policy authority the position carries. If she will spend most of her time on the plant floor doing the scheduling herself, the role reads as operational and the classification is at risk. Ask the company to define the U.S. role before the letter is written. Ask who will perform the day-to-day production tasks after the transfer. A credible staffing answer often does more for the managerial analysis than another paragraph describing seniority.

04

Plan the family and the clock

L-1A is limited to seven years in total, and time spent in the United States in L status is counted. A spouse holding L-2 status is employment-authorized incident to status and children may study; children lose derivative status at twenty-one. Fees for Form I-129 and any premium processing are in the USCIS fee schedule. If the company intends the assignment to become permanent, the manager should ask early about the multinational manager immigrant category, because the evidence overlaps with what is being gathered now. Record any earlier L-1 classifications, recapture questions and the expected end date in one calendar. That lets the family compare a temporary plan with a permanent-residence discussion before time becomes scarce.

PUT THE DETAILS TO WORK

Guides for your next decision.

L-1A · RURAL MUNICIPALITY OF SHERWOOD

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