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SAINT-MATHIEU · L-1A FIELD GUIDE

Should the trust be restructured before the immigration assessment?

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THE DIRECT ANSWER

Do not assume restructuring is necessary or sufficient. Obtain review of the existing rights and the broader legal effects before changing the arrangement to pursue an assumed immigration result.

Separate structural advice from application preparation

Clarify the scope of trust or corporate legal work, immigration evidence and current filing charges. Paying for a new structure does not establish the applicant’s employment history or qualifying U.S. duties.

Recruitment and payroll costs are separate from official charges and professional work.

Add legal, translation and the cost of the Canadian replacement manager. Ask directly whether the proposed restructuring would change who actually controls the entity, since a shift in control can affect the very relationship the filing depends on, not only the trust’s internal terms. Identify which decision-makers, such as existing trustees or directors, must formally approve any change, and confirm that approval before treating the new structure as settled. Request the corporate or trust reviewer’s written conclusion before any restructuring step is taken, because undoing a completed legal change is harder and more costly than adjusting a plan that has not yet been executed. Ask whether interim documentation can preserve the current facts while the review is pending, so the timeline for legal work does not force a premature filing decision. Confirm that the sequence runs from review to advice to execution, and not the reverse, before authorizing any drafting.