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CARIGNAN · UNDERSTAND YOUR OPTIONS

A plan to hire a manager is different from a plan that supports the transferee as manager

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

For a Carignan company opening U.S. operations, a business plan may name several future hires. Explain which role belongs to the proposed transferee and who will perform the operating work. A staffing table should show actual duties and timing rather than make every future position sound managerial. New-office treatment concerns a U.S. organization doing business for less than one year. A first review should produce a dated operating plan: premises, start-up funding, customers, staff, and the transferee’s own duties during the first year. The deciding record is often the combination of lease rights, hiring sequence, and budget, because it shows whether the U.S. organization can support the claimed role rather than merely intend to do so. Hypothetical example: a manufacturer of precision greenhouse vents leases a small U.S. workshop and proposes transferring its Canadian production manager before the first technician is hired. The decision is whether the one-year plan credibly moves operating work to staff while leaving the transferee in a qualifying capacity; the staffing timeline and signed premises agreement matter more than the job title alone.

01

Identify the transferee’s role in the planned structure

For new-office L-1A, demonstrate a business able to support the qualifying managerial or executive position within one year after approval. Show how planned staff and other support relate to that role. Do not claim that a vacancy is already filled or that merely calling the first employee a manager resolves operational duties.

02

Keep the foreign year and premises in the evidence

New-office L-1A requires a qualifying continuous foreign managerial or executive employment year within the relevant preceding three years, along with sufficient premises and a qualifying company relationship. The organization must continue qualifying business in the United States and abroad. Initial new-office approval is limited to one year.

03

Do not reuse the same role test for L-1B

If the proposed employee instead relies on specialized knowledge, assess that actual knowledge and assignment. New-office L-1B includes sufficient premises and financial ability to pay the employee and begin business, alongside the qualifying foreign employment and organization. An L-1A staffing narrative does not replace that distinct case.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

CARIGNAN · BUSINESS EXPANSION

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