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APPLICATION ANSWERS · L-1A FIELD GUIDE

What if the acquisition date moves after transfer preparation begins?

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THE DIRECT ANSWER

Provide the revised schedule and transaction terms for review. Do not continue relying on a chronology that describes ownership as completed when it remains pending.

Maintain a dated transaction update

Record the new expected closing date, remaining conditions and any resulting change to the proposed job. Ask which parts of the immigration file depend on those events. A business desire to begin integration sooner does not replace an assessment of the actual facts at the time of the transfer.

Hypothetical example: A cold-storage company expects its U.S. acquisition to close after regulatory approval and wants its Canadian executive present on the first operating day. The first review places the closing conditions, ownership evidence, qualifying employment records, premises, and staffing plan on one calendar. The executed closing documents settle when the qualifying relationship exists; a signed role description and organization chart settle what the transferee will manage. Prepare records while closing is pending, but do not describe conditional ownership as completed. The usual failure is filing against a projected transaction date and then discovering that control or the U.S. reporting structure has changed. The employee must generally have a continuous qualifying foreign year in the preceding three years, and L-1A time is generally capped at seven years. Make the transfer date contingent on the actual corporate facts, not an integration target. Keep this L1A timing record aligned with final filing facts and issued source materials, then preserve a dated copy internally before formal submission for future reference and review by responsible staff if questions arise later.