IN THIS GUIDE · A manager transferring responsibility for a US service operation
Map authority, not just rank
Identify hiring authority, budget decisions, escalation responsibilities and the people or function managed. A senior title and a large budget are useful context but do not replace the statutory duties analysis. Explain who performs the service work the manager oversees.
Check the foreign employment period
Document the qualifying year of employment abroad within the relevant three-year period and the capacity served. Use payroll, role records and travel history to establish the real chronology. Do not assume a long relationship as a consultant is equivalent to qualifying employment. The qualifying foreign year must be continuous full-time employment within the relevant three years; US days do not count, although qualifying brief trips do not themselves interrupt continuity. General foreign capacity may be managerial, executive or specialized knowledge; the US role need not be the same capacity. New-office L-1A specifically requires the foreign year in managerial or executive capacity.
Establish the corporate link
Provide evidence of the parent, branch, subsidiary or affiliate relationship and continuing qualifying business operations. A franchise agreement or shared trading name alone does not establish an L-1 relationship. Changes in ownership should be explained using the actual transaction documents.
Distinguish an established operation from a new office
Determine whether the US business has been doing business for the period relevant to the new-office rules. An existing incorporation certificate does not necessarily mean an established operation. If the new-office framework applies, its premises, staffing and initial-period requirements need separate attention. A new office means US doing business for less than one year. Doing business requires regular, systematic and continuous provision of goods or services, rather than registration alone. The new office needs sufficient premises and support for a primarily managerial or executive role within one year; initial approval is limited to one year.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.