IN THIS GUIDE · Show the co-owner’s managerial work beyond the shareholding
Separate ownership rights from work responsibilities
Hypothetical example: a co-owner holds voting rights but personally delivers most services. Identify which decisions arise from ownership and what the applicant does as an employee. A shareholder title does not make operational work primarily managerial.
Explain actual authority and execution support
Describe decision-making, reporting lines and who performs the underlying work. A function-manager proposal needs primarily managing rather than performing the function. Headcount alone is not conclusive; show how the organization supports the substantive role. A function manager operates at a senior level over an essential function. First-line supervision of nonprofessional employees alone is insufficient.
Prove the qualifying transfer foundation
Provide ownership and control evidence for the entities, relevant foreign employment dates and locations, and actual business operations. The required foreign employment within the applicable lookback period needs individual assessment. Time in the United States does not count toward the required foreign year.
Assess a launch using its particular requirements
Where the U.S. organization has been doing business for less than one year, L-1A new-office review includes sufficient premises, required foreign managerial or executive employment and ability to support the intended managerial or executive role within one year of approval. Funding and incorporation alone do not establish all of these facts. Initial new-office approval is limited to one year.
Establish the qualifying foreign year and active organizations
The foreign employment generally must include one continuous qualifying year within the relevant preceding three-year period, assessed on the individual facts. U.S. days do not count toward that foreign year; a trip should not automatically be treated as breaking continuity. The qualifying organization must do business in the United States and at least one other country during the relevant period, through regular, systematic and continuous provision of goods or services rather than registration alone. The qualifying foreign year must generally be full-time. Under the ordinary L rule, its duties may be managerial, executive or specialized knowledge; the U.S. L-1A role must itself be managerial or executive. An owner or major stockholder must also establish temporary U.S. services and a subsequent foreign assignment.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.