IN THIS GUIDE · Test managerial authority against the work the applicant still performs
Distinguish decisions from personal execution
Hypothetical example: an operations manager approves schedules but personally performs most equipment servicing. Compare decision authority with the work actually delivered. For a function manager, the issue is primarily managing the function rather than performing it. There is no universal staffing number that proves managerial capacity. A reliable role analysis follows decisions to their source. List budget authority, hiring input, policy setting, supervision, external providers and the work performed personally. Then compare those facts with payroll, reporting lines and operating records. A polished title becomes less important than proof that others carry out the ordinary service work.
Test the employment chronology against the records
Identify the actual foreign employer, dates, duties and physical work locations. U.S. time does not count toward the foreign year; do not assume every trip automatically breaks continuity. Reorganizations and employer changes need factual explanation rather than a résumé that merges distinct periods. Create a dated timeline using payroll, attendance, travel and employer records, flagging any gap or organizational transition. The general rule requires one continuous qualifying year abroad during the three years before the relevant filing or admission event. The review should also identify the seven-year L-1A maximum so a delayed launch is not mistaken for extra time.
Establish qualifying organizations and real activity
Use ownership and control records to establish the actual parent, branch, subsidiary or affiliate relationship. The organization must conduct qualifying business in the United States and at least one other country during the relevant period. A shared brand, registration or unused premises does not prove regular, systematic and continuous provision of goods or services. Corporate documents should show the legal relationship and real ownership at the pertinent dates, while invoices, payroll or customer records demonstrate actual business activity. A corporate chart alone does not show doing business. Conversely, activity records without control evidence cannot establish the qualifying relationship.
Apply the complete new-office test when relevant
For a U.S. organization doing business for less than one year, L-1A new-office evidence includes sufficient physical premises, the required foreign managerial or executive employment and ability to support the intended managerial or executive role within one year of approval. Initial approval is limited to at most one year; an extension needs actual operating and role evidence. For a new office, keep a first-year operating plan beside the premises, budget and staffing evidence. The decision is whether the planned operation can support a principally managerial or executive position within that first year, not whether the transferee can personally keep the venture alive. Later extension evidence must reflect operations that actually occurred.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.