Read the general business expansion overview
An executive title on an organization chart describes a label, not authority. For a new-office L-1A, what counts is what the person will actually decide and who can overrule them. Before anything is drafted, find out whether documented decision rights exist — and if they do not, whether the company intends to create them and by what instrument. Ask who currently signs what, and get the answer from the person who actually signs rather than from the person describing the structure. Those two answers differ more often than anyone expects, and the difference is the whole subject of this page.
Find the documents that grant authority
Look for the shareholder agreement, board or director resolutions, any delegation of authority, banking signature limits, spending approval thresholds and the employment agreement. If the proposed executive cannot approve a budget, sign a lease or hire without a parent-company signature, identify who does approve those things. That is a fact to work with, not one to leave out. Ask whether the parent intends to change the delegation before the operation opens, what instrument would record it, and on what date, so the file describes authority that genuinely exists rather than authority everyone assumed. Where the delegation does not yet exist, ask for the draft instrument and its approval date, then treat that date as a dependency rather than a detail. A file describing authority that is scheduled to be granted should say plainly that it is scheduled.
Describe the first year's duties honestly
Initial new-office approval is limited to one year, and the operation must be able to support a managerial or executive role within that year. There is no fixed headcount that answers this. A founder who will personally handle sales and delivery for several months should say so, alongside the planned hires, the resources behind them and the premises, which must be sufficient physical premises for the operation described. Explaining a realistic trajectory with supporting evidence is more useful than describing a first year that will not happen, because the extension stage looks at the operation that actually developed. Hypothetical example: a firm providing research data management to academic medical centres plans one hire in month four and two more in month nine, while the premises lease begins in month two. Set out those dates with the evidence behind each, so the first year reads as a plan somebody costed rather than a hope somebody had.
Consider whether a different capacity fits the facts
Hypothetical example: a company proposes a Vice-President for North America who must obtain approval from a foreign general manager for any purchase above a modest threshold and who will supervise no one. The reviewer's question is not the title but the function. Compare an executive-capacity claim with a managerial claim, which may involve managing an essential function, and with a specialized-knowledge claim, then gather evidence for whichever the facts actually support. Also confirm the qualifying corporate relationship, the applicant's qualifying foreign employment, and the open question of which decisions belong to this person on day one, at month six, and at extension.
What else is on your mind?
Does being a business owner or director qualify me for L-1A?What employment history should an L-1 transfer review cover?What makes a new-office L-1A case different?Why does an L-2 spouse’s admission record matter for work?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.