Skip to content
THREE RIVERS · L-1A FIELD GUIDE

Does an older incorporation date prove the US office is established?

Sources checked:

THE DIRECT ANSWER

Not by itself. The actual doing-business history must be assessed under the relevant rules.

Separate registration from operations

Identify what activity occurred and when. Do not use an entity’s age as a substitute for evidence of actual business.

Where the successor comes from a different part of the group, confirm that the employing entity abroad is itself a qualifying related company and that the year of employment falls within the relevant preceding three-year period. Every L-1 case needs one continuous year of qualifying employment abroad within the prior three years, a qualifying parent, branch, subsidiary or affiliate, and continuing foreign business plus either active U.S. business or, for a new office, the ability to commence it. Managerial capacity means managing the organization, a department, a function or a component, supervising and controlling the work of other supervisory, professional or managerial employees, or managing an essential function, with authority over hiring and discretion over day-to-day operations. The U.S. role must also be primarily executive or managerial rather than a working-surveyor position with incidental authority, assessed in the context of the organization's actual staffing and operations. Assess the actual primary duties, level of authority and relevant managerial or executive standard. The strongest records are share registers, formation documents, payroll, tax records, and manager evidence that explain actual authority. The corporate relationship, continuing business and qualifying foreign year remain separate requirements; a senior title or financial responsibility alone does not supply them.