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LAVAL · L-1A FIELD GUIDE

What if ownership changes after the brand agreement is signed?

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THE DIRECT ANSWER

Have the actual relationship and employment consequences assessed before relying on the earlier transfer plan.

Review the legal change rather than the storefront name

The public brand may stay the same while relevant corporate facts change. Identify effective dates and supporting documents. An unchanged trade name does not establish that the previous L analysis still applies.

Hypothetical example: a clinical trials central laboratory is sold to a new owner while the transfer file is being prepared, and the brand licence carries on untouched under the buyer. Three dates then matter and they are rarely the same: the date the share transfer took legal effect, the date the employment contracts were assigned or reissued, and the date the operation began reporting to the new owner. Ask for the share purchase agreement, the closing documents and any assignment of employment, and record which entity employed the applicant on each side of the change.

Two further limits belong on the same page. L-1A status carries a maximum period of seven years, so a transfer contemplated years after an earlier posting should be planned against the time already used. Where a new office is involved, initial approval is limited to one year, which shapes when evidence about the U.S.

operation has to exist rather than merely be intended. Ask the buyer’s counsel which of the three dates the closing documents actually fix, since the answer is often only one of them.