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CALIXA-LAVALLÉE · L-1A FIELD GUIDE

Does a shared nonprofit mission establish an L-1A relationship?

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THE DIRECT ANSWER

No. The actual organizational relationship and control must meet the applicable requirements. Similar purposes or cooperative programs do not establish that relationship by themselves.

Assess the structure and role separately

Provide relevant legal and governance records, then explain the applicant’s actual duties and qualifying employment. A respected mission or leadership title cannot replace either part of the analysis.

A qualifying relationship exists where one entity owns and controls the other, or where the same parent or the same group of individuals owns and controls both, each individual holding approximately the same share and proportion in each. Verify the required continuous foreign year in the three-year lookback, then document the eligible organizational relationship, ongoing foreign business and, unless the U.S. operation is a new office, ongoing U.S. business. For an established-office case, confirm that the qualifying organization is doing business in the United States and at least one other country; for an initial new-office case, confirm foreign operations and the separate new-office requirements. L-1A requires a role that is primarily managerial or executive, with subordinate managers or professionals or control over an essential function, and the year abroad must have been in a similar capacity.