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PENHOLD · L-1A FIELD GUIDE

Can planned future hires be presented as current support for the transfer?

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THE DIRECT ANSWER

No. Distinguish actual staff from genuine future plans. The relevant case stage and any new-office rules determine what must be demonstrated.

Explain the sequence accurately

For new-office L-1A, the operation must support the qualifying role within one year of approval, with initial approval limited to one year. Describe when support is expected without presenting an unfilled position as already staffed.

Ask for four dates in writing: when the applicant's employment with the current entity began, when any transfer of the business unit takes legal effect, when employment with the receiving entity begins, and when the filing or the intended admission would occur. A common error is transferring Canadian authority too early, then discovering the applicant no longer performs the documented foreign role while the American operation remains unable to support management. Where the receiving business is newly established, a further condition applies: a new-office L-1A approval is generally granted for one year initially, and the extension is assessed on what the office actually became.