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SHEDIAC · L-1A FIELD GUIDE

What if a key candidate withdraws before the transfer?

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THE DIRECT ANSWER

Update the staffing account and review the effect on the applicant’s actual duties and US capacity.

Explain the replacement plan

Do not leave the candidate on a chart as though the offer remains effective. Identify who performs the work until a genuine replacement is available.

Provide the actual dates and have the effect on continuing qualifying operations reviewed. Retain the revised responsibilities and explain who now performs the managerial and operational work. Keep the submitted business plan and record any change in staffing, duties or operations as it occurs, since the developed operation matters at extension. Confirm early whether the receiving U.S. entity has sufficient operating history and staffing to be treated as established, since that affects both the evidence needed and the length of initial approval available. The subsidiary's incorporation, bank account and lease have to be in place before the petition can be filed, because a new-office case is judged on secured premises and capacity, not intentions. The three-year window shifts with the filing date, the requested period sits inside a maximum the category itself sets, and the project the transfer serves has phase dates the employer controls. Explain the actual timeline and, where relevant, the new-office plan without treating a promised promotion as completed service. The actual entities, ownership and control must be assessed, including the effect and timing of planned changes.