Read the general business expansion overview
A foreign entity that owns property or shares but supplies no goods or services raises a question a certificate of incorporation cannot answer. The qualifying organization must be doing business, and that is examined across the structure as it actually operates. Describe the real activity first, then decide which entity the filing should rely on. The first review must confirm both a qualifying relationship and one uninterrupted year of qualifying foreign employment during the three years before filing. It should also identify the records showing that the foreign operation is doing business, not merely holding assets. The decision is whether the evidence supports a new-office filing now or whether the operating history needs to be clarified first.
Map the structure as it operates, not as it is drawn
Set out each entity, its ownership, and what it actually does: who signs contracts, who invoices customers, who employs staff, and where operating revenue arises. A holding company, an operating subsidiary and a dormant shell can share one owner and one address. Identify which of them provides goods or services regularly and systematically, and which merely holds assets or receives distributions from others. Hypothetical example: a drone-maintenance provider owns patents through one company while a related company invoices repair customers. The filing must identify the actual employer, the operating entity and the ownership link among them; one group logo cannot settle those separate facts.
Choose the qualifying entity on evidence
For each relevant entity, collect operating evidence covering the actual period: contracts, invoices, payroll, tax filings and bank activity. Document the qualifying relationship to the U.S. organization. Separately trace the applicant's continuous year of qualifying foreign employment within the relevant three-year period. The employer may be another qualifying group entity, so show the legal relationship rather than merging companies under one trading name. Identify both the organization employing the applicant and the qualifying operations that will continue abroad. Create a dated evidence table: the entity, document, period covered, activity shown and missing point. Invoices and customer contracts may establish regular activity, while payroll shows who was employed. The table lets the reviewer decide whether the claimed foreign business is supported throughout the relevant period.
Ask what must continue, and for how long
Identify how the qualifying organization will continue doing business in the United States and abroad through the actual structure. Hypothetical example: an owner plans to close the foreign trading company after the U.S. launch and retain only an inactive holding entity. Have that plan assessed before the closure. A U.S. new-office case also needs sufficient physical premises, and initial approval is limited to a maximum of one year. For L-1A, the U.S. operation must support a managerial or executive position within one year. Record the resources and operating changes needed to support that plan. New-office approval is initially limited to one year, and physical premises must be sufficient for the new operation. For an L-1A case, the U.S. business must be able to support a managerial or executive position within that year. Lease evidence, budget, staffing plan and operating milestones should be tested against that deadline before commitments become irreversible.
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.