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CHARLEMAGNE · L-1A FIELD GUIDE

Must the applicant wait for the next performance review before preparing?

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THE DIRECT ANSWER

Do not assume an annual review is the decisive document. Identify what current evidence can establish the actual duties and what relevant gaps remain.

Plan around requirements rather than a reporting cycle

Have the proposed role and employment history assessed with available genuine records. A company appraisal date does not set immigration eligibility or authorize a transfer. Any later evidence should accurately describe the period it covers.

New-office petitions are approved for one year and require evidence that physical premises have been secured, so a company cannot file on the promise of a lease. Update the applicant’s actual responsibilities and the evidence of the effective arrangement. The U.S. petitioner and foreign employer must be linked as a parent and subsidiary, a branch, or qualifying affiliates; the foreign organization must conduct active business, and the U.S. petitioner must either do business or meet the initial new-office requirements. The transferee must retain qualifying L-1A duties, and the underlying record must show one continuous foreign year within the pertinent three-year period. If the U.S. entity has been doing business for less than a year, the petition is a new-office case approved for one year only, and the group should plan for an extension petition with evidence of growth before that year ends.