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CAP-ACADIE · L-1A FIELD GUIDE

Should the company delay explaining a downturn until after filing?

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THE DIRECT ANSWER

The case should accurately describe material current facts. Obtain review of the actual change and stage.

Keep the operating account current

Provide the relevant records and realistic plan. An earlier forecast should not remain the explanation when it no longer describes the business.

Confirm the actual approval and status dates from the underlying documents, keep the submitted business plan on file, and record changes to staffing, duties, or operations as they occur rather than reconstructing them later. Keep leases, opening budgets, staffing plan versions, supplier arrangements, entity records, and foreign-company continuity evidence with clear dates. The practical approach is to write the ceiling date on the corporate calendar next to the extension dates, and to hold a genuine review at the halfway point about what the company and the family each intend. A new office receives only one year initially and, at filing, must show sufficient premises and financial ability to remunerate the beneficiary and commence doing business; evidence at the next stage should show how the operation came to support the position. A first review produces a closing-to-filing checklist: completed ownership transfer, foreign payroll proof, U.S. operating evidence, and a duty chart.