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POINTE-DES-CASCADES · L-1A FIELD GUIDE

What if the U.S. operation will pass its first business anniversary during preparation?

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THE DIRECT ANSWER

Have the actual doing-business history and relevant filing facts reviewed. An incorporation date or a planned anniversary alone does not settle which office requirements apply.

Avoid choosing a date solely to assume a different rule

Provide evidence of real operations and the foreign role as it existed. The appropriate assessment should determine the applicable standard before the application relies on a foreign specialized-knowledge year.

For a new office, the lease or other proof of secured premises must exist before filing, so signing comes first. A separate rule applies after a sustained absence: a person who has resided and been physically present outside the United States, except for brief business or pleasure visits, for the immediate prior year may be eligible for a new maximum period. When regular U.S. business has lasted under one year, the operation is generally new and its initial L-1 approval is limited to a year. The company must also retain the qualifying entity relationship and ongoing foreign business. For a new office, secure premises first, file with a hiring plan and complete the hires within the first year before the extension. The year is measured at filing, so a petition filed a month early fails on that point alone.