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BLAINVILLE · L-1A FIELD GUIDE

Does signing a lease establish an L-1A new-office case?

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THE DIRECT ANSWER

No. Premises are one requirement among others. The qualifying employment, company relationship, proposed authority and first-year operating support must also be assessed.

Connect space to the business

Explain what activities the premises will house and how the applicant’s qualifying role will be supported. Do not treat the size or cost of space as a universal eligibility test. The actual plan and evidence matter.

An entity that keeps an office, a bank account and a corporate registration but supplies nothing is not doing business in the sense the rule intends, and neither is one that exists only as an agent for the American side. The transferee must also have worked abroad continuously for one qualifying year in the preceding three with a related organization, and the proposed US work must be primarily managerial or executive rather than routine production. Break the proposed week into hours and sort them: hiring and firing decisions, budget authority, setting production policy, and directing supervisors go on one side; running the press, fixing tooling, and covering shifts go on the other. An affiliate relationship depends on the same person or entity owning and controlling both companies, so a venture split evenly with an unrelated American family usually fails unless a shareholders agreement or other instrument gives the Canadian side actual control.