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SAINTE-CATHERINE · L-1A FIELD GUIDE

Should an owner create a paid foreign position solely for the application?

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THE DIRECT ANSWER

Do not create a fictional assignment or assume a payroll expense proves a real plan. Assess the organization’s genuine future work and the evidence required.

Separate operating commitments from case preparation

Clarify the cost of maintaining actual business operations, professional preparation and current filing charges. A payment to a related company cannot replace a truthful account of the services the owner will perform. The distinction that keeps this honest is between money the business would spend anyway and money spent to produce a document.

Operating payroll abroad, premises, insurance and equipment belong to the first category and would exist whether or not a petition were filed; preparation, professional advice and current official charges belong to the second. Creating a salaried foreign position with no operational purpose does not move it into the first category, and it shows: a role with no reporting line, no budget history and no work product tends to raise the very question it was invented to close. Set the operating plan first on commercial grounds, then document what that plan actually is.

Confirm current official charges at the time of filing rather than carrying forward an earlier quotation, and record which entity pays what, since an owner-run group can otherwise blur company and personal expenditure in a way that is awkward to explain later.