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FOR BUSINESS LEADERS · ROXTON PONDRoxton Pond

Built in Canada.Ready for more.

Hypothetical example: a hardwood sawmill and kiln-drying company near Roxton Pond wants to move its regional operations executive into a new United States entity, and her record over the past three years reads impressively — except that eight of those months were a secondment during which a contract log-procurement company carried her on its own payroll. The transfer category counts one continuous year of qualifying employment with the qualifying organization within the three years before the petition, and a year spent partly on somebody else’s payroll is not automatically that year. So the chronology comes first, before the organisation chart and long before any narrative about leadership. Lay the last three years out month by month, mark who legally employed her in each of them, and mark separately any period she spent working inside the United States. Only when that line is honest is there any point discussing whether her duties are primarily managerial or executive. A chronology that has to be argued for is a chronology that will be tested, and payroll registers test it faster than anybody’s memory.

Talk about L-1A
PurposeExecutive or managerial transfer
Company linkQualifying related businesses
New officeA distinct evidence requirement

IN THIS GUIDE · The twelve months abroad are counted against one employer, not one career

Start with the L-1A eligibility and application overview

01

Count the qualifying year before writing anything else

The requirement is one continuous year of employment abroad with a qualifying organization, falling within the three years immediately before the petition is filed. Ordinary business travel does not interrupt it. A period of employment inside the United States for the same employer does not count toward the twelve months, although it does not by itself destroy a year already completed. A secondment to a legally separate company is the case that actually causes trouble, because the answer depends on who employed the person during it. Resolve that from payroll registers, records of employment and the contract, and resolve it before a filing date is promised to anybody.

02

The relationship is between the entities, not the people

A qualifying relationship means the two organizations stand as parent and subsidiary, as branch, or as affiliates, and both must be doing business — actively and regularly providing goods or services, not merely existing on a registry. Where the founder holds one company personally and the other corporately, the question becomes whether common ownership and common control genuinely link them. Registry extracts, share registers, shareholders’ resolutions and consolidated accounts answer that. An intention to reorganise, however firmly minuted, answers a different question, and a relationship that will exist after closing is not the relationship on the day of filing.

03

Managerial and executive describe duties, and the clock runs

L-1A asks whether the person will be primarily managing an organization, a department, a subdivision or an essential function, or acting at executive level; L-1B asks a different question about specialized knowledge of the company’s own product, process or procedure. A senior title on a small team does not settle the first question, and neither does seniority in years. Where the destination is a brand-new office, the initial approval runs one year, and the extension is judged against what the office has actually become. Time in L status is capped at seven years for L-1A and five for L-1B, and it accumulates.

PUT THE DETAILS TO WORK

Guides for your next decision.

L-1A · ROXTON POND

YOUR QUESTIONS.
A CLEARER START.

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