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SAINTE-MARTHE-SUR-LE-LAC · COMPANY EXPANSION

A purchase agreement signed before closing does not show completed ownership

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

A group may prepare a new U.S. operation while an acquisition remains conditional. Distinguish the signed purchase agreement from the ownership and control that will exist only if closing occurs. The proposed L-1 relationship must be supported by the actual facts at the relevant stage. Hypothetical example: a bird-safe glass fabricator signs a conditional purchase for a small U.S. workshop while the seller’s lender approval is pending. The transferee must decide whether the company can document present qualifying control and secured premises, or wait until closing supplies facts that a conditional agreement cannot prove.

01

Record the conditions and effective dates

Hypothetical example: a foreign company signs an agreement to buy a U.S. entity, but financing and closing approvals remain outstanding. Collect the agreement, conditions and records of any completed step. Identify who currently owns and controls the entity and who would after closing. Do not date the corporate chart as completed merely because the parties expect the transaction to succeed. Create a closing checklist that names each condition, responsible party and expected evidence. It helps distinguish an anticipated corporate relationship from one that is legally and operationally in place on the relevant date.

02

Separate the transferee’s history from the pending transaction

Document the individual’s qualifying continuous year abroad in the relevant three-year period and the duties actually performed. Ask how the current and proposed qualifying organizations relate to that employment. Preserve the distinction between evidence already available and evidence that can exist only after closing. A transaction forecast cannot replace the employment record, and an employment record cannot prove a purchase has closed. Verify the qualifying employment year with payroll and duty evidence before building the new-office narrative. L-1 requires one qualifying year abroad during the three years before the requested transfer; a projected acquisition does not supply that employment history.

03

Coordinate the new-office evidence with the actual sequence

Sufficient physical premises are required, and a new L-1A operation must support a managerial or executive role within one year; initial approval is limited to a maximum of one year. Explain resources, work allocation and continuing qualifying business abroad through the actual structure. Ask the reviewer which filing steps depend on closing, and update documents when it occurs rather than presenting a conditional arrangement as completed. The new operation needs sufficient physical premises, and a new L-1A office must support a managerial or executive role within one year; initial approval is limited to a maximum of one year. Decide whether leases, budgets, staffing and authority documents support that sequence as it actually stands.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

SAINTE-MARTHE-SUR-LE-LAC · BUSINESS EXPANSION

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