Read the general business expansion overview
A new-office L-1 plan assumes the qualifying foreign organization keeps doing business, yet the person leaving is often the one who runs it. The evidence should show who will actually perform the work and make the decisions abroad after the departure. There is no headcount formula to satisfy; describe the arrangement that will genuinely exist, with the documents that support it.
Map the operating work that leaves with the founder
List what the founder currently does abroad: selling, managing client relationships, signing contracts, supervising staff, delivering technical work, handling finances. Beside each item, name the person or entity that would take it on after the transfer, and identify the document that shows the arrangement, such as an employment record, a delegation of authority, a client notice or a service agreement. Note as well that qualifying foreign operations may continue through another qualifying entity in the group rather than the original employer, so a planned restructure is a question to raise explicitly rather than to assume away.
Test the plan against the size of the foreign operation
Hypothetical example: a Mascouche company has two people, the founder who plans to open the U.S. office and a part-time contractor. Ask who signs contracts, who answers clients, whether revenue continues while the founder is away, whether someone will be hired before departure, and whether the founder would retain foreign duties and how the time would be divided. Document the founder's one continuous year of qualifying employment abroad within the relevant three-year period, and raise any individual timing question, such as an interruption or a change of entity, with the person managing the filing.
Prepare for what the first year has to show
An initial new-office approval is limited to one year, sufficient physical premises must be secured, and for L-1A the operation must support a managerial or executive role within that year. Keep the original plan and record material changes as they happen, with dates: a delayed hire abroad, a client lost, a change in who signs. If the foreign activity reduces, that is a fact to explain with evidence rather than to leave out. Keep a running list of open questions, including which entity the qualifying employment and the continuing operations are attributed to.
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.