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Hypothetical example: a Regina manufacturer closes an acquisition of a U.S. distributor and proposes transferring a Canadian operations director to integrate it. L-1A still requires an active qualifying parent, branch, subsidiary or affiliate relationship, with both organizations doing business, plus one continuous year of qualifying employment abroad during the three years before the petition. The proposed U.S. duties must be primarily managerial or executive rather than merely senior operational work. If the operation is a new office, the petition needs sufficient premises and a plan showing capacity to support the qualifying role within one year; initial approval is limited to one year. Work at a customer site cannot be labour-for-hire and must remain controlled by the petitioner. A qualifying L-2 spouse is employment-authorized incident to status, while a dependent child is not. L-1A time is capped at seven years, so the transaction chronology, employment record and proposed authority require separate proof. A first review should produce three dated maps: ownership and control, the employee's foreign employment, and the proposed U.S. management structure. The maps make it possible to see whether an acquisition changed the qualifying relationship or only supplied a commercial opportunity. L-1A normally requires one continuous qualifying year abroad within the preceding three years. Time in L-1A is generally limited to seven years, so a transfer plan should not treat the classification as indefinite. Identify the material business decisions that require executive judgment and the staff who execute them each working day. End the L1A review with a dated list of open facts, record owners, and commercial decisions still awaiting confirmation.

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

IN THIS GUIDE · Document the proposed management responsibility after a business acquisition

01

Meet the transfer and new-office conditions

The organizations must have a qualifying relationship and meet the doing-business requirements. The foreign work generally must include one continuous qualifying year within the relevant three-year period, with the timing assessed for the individual's case. For a new office, evidence includes sufficient physical premises and a plan capable of supporting a managerial or executive position within one year. Initial new-office approval is limited to a maximum of one year; the business forecast does not extend that period. For an existing operation, identify the evidence of ongoing business activity as well as ownership. For a new office, distinguish the current premises and staffing facts from a forecast.

02

Use the transaction that actually closed

Distinguish a signed proposal from completed ownership changes. Supply the records showing which organizations exist and how they are related at the relevant time. If closing remains conditional, identify that openly. A press release about an acquisition is not a replacement for the corporate documents needed to assess the relationship. Put the purchase agreement, closing records, registers, and current ownership chart in chronological order. The reviewer needs to see precisely when control changed.

03

Describe authority within the acquired operation

Explain which decisions the employee would make and which responsibilities remain with existing personnel. Include reporting lines and retained management arrangements. Do not assume a senior title in the Canadian business describes the proposed U.S. role accurately after the acquisition. List direct reports, layers of supervision, budget authority, and decisions reserved to owners. A title without that operational detail rarely resolves the managerial question.

04

Preserve the employment record through the change

Keep historical employer names, dates and duties intact. Ask the company to explain a reorganization or payroll transition using the underlying records. A current organization chart is useful context but cannot independently document employment that took place before it existed. Use payroll, tax, employment, and organizational records to establish the qualifying year. A title change should be explained rather than treated as a gap-free continuation.

05

Track integration without rewriting history

Business integration can change duties, personnel and operating plans. Retain dated versions and have relevant changes assessed. Avoid altering old records so every stage appears to match today's structure. The immigration plan needs the real chronology even when the commercial transition was complicated. Keep a dated change log for integration decisions. It lets the company update a filing honestly without recasting earlier plans as completed facts.

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L-1A · WHITE CITY

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