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MERCIER · L-1A FIELD GUIDE

Is naming a successor enough to establish continuing foreign business?

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THE DIRECT ANSWER

No. Explain the actual operating arrangements and goods or services provided. A name on a handover plan does not establish that the business continues in practice.

Describe who does the work after the transfer

Identify actual responsibilities, authority and support abroad. The relevant business requirements must be supported by facts, not only an intention to keep the foreign entity available.

Assess the actual primary duties and nature of those responsibilities in context. Identify what the applicant personally performs when the team is smaller and what managerial or executive authority continues. Describe decisions, supervision or function management alongside experiments and other delivery work the applicant performs. L-1 requires a continuous foreign employment year with the related enterprise, placed inside the three-year lookback before filing or admission. Establish the essential function, the applicant’s seniority and discretion and the primarily managerial duties under the applicable standard. The transfer also needs one continuous year of qualifying foreign employment during the preceding three years and a parent, branch, subsidiary or affiliate relationship between active organizations. The American position must primarily manage or direct instead of delivering routine services, and L-1A stay is capped at seven years.