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POINTE-CLAIRE · L-1A FIELD GUIDE

Does joining a U.S. group automatically create an L-1A route?

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THE DIRECT ANSWER

No. The actual qualifying relationship, employment history and proposed managerial or executive role require assessment.

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Identify the relevant entities, ownership and control after the transaction. Do not rely only on a press release or group name. The effect on the applicant’s history must be assessed using the actual records and applicable rules.

The L-1 rules ask whether the beneficiary has been employed abroad continuously for one year within the preceding three years by a qualifying organization. Affiliate status normally rests on the same person or group owning and controlling both entities in substantially the same proportions. Work backwards from the intended filing date and mark the three-year window on a calendar, then plot every period of employment, leave, secondment and layoff inside it. Identify the real discretion and primary work; neither an unrestricted signature nor a committee seat alone proves the qualifying position. A branch, an affiliate or a parent all satisfy the qualifying relationship as readily as a subsidiary. Establish the essential function, senior role, discretion and primarily managerial work. Related individuals owning different shares of two companies is not automatically an affiliate relationship. Describe who performs routine work and who controls professional, managerial, or operational decisions in the proposed U.S. position.