Start with the L-1A eligibility and application overview
Managing drivers is not automatically managing
For L-1A, the U.S. position must be principally managerial or executive. Supervising a group of employees who are not professionals does not by itself make a person a manager; the analysis looks for management of an organisation, department, subdivision or function, supervision of other supervisors or professional staff, and authority over hiring, firing and daily operations. A terminal manager directing dock workers and drivers can qualify, but the petition has to show the structure beneath him rather than the size of the crew.
The qualifying year is counted backwards
One continuous year of qualifying employment with the group inside the three years before the petition is a threshold fact, and it is established from payroll and employment records rather than from a summary. Time spent inside the United States for the group generally does not count toward the year abroad, so a manager who has been shuttling across for a project may have less qualifying time than everybody assumes. Check the record before the transfer is announced internally.
What a share sale can do to a relationship
The qualifying relationship between the entities must exist throughout the L-1 stay, and the qualifying organization must continue doing business in the United States and at least one other country. A transaction can preserve, alter or break the ownership-and-control link; the transaction documents decide which occurred. A successor may maintain the position when it assumes the original petitioner's obligations and the qualifying relationship continues, but moving the U.S. company outside the group can end eligibility. Review the purchase agreement at closing rather than waiting for extension.
When an amended petition is required
Material changes that affect L eligibility require an amended petition. Examples include a change in an approved corporate relationship, a change in the petitioning entity, or a move between specialized-knowledge and managerial or executive capacity. A new worksite by itself does not automatically require an L-1 amendment when the employer, duties and eligibility facts remain unchanged; the effect must be assessed case by case. Review the approved petition whenever a transaction, promotion or relocation occurs and file an amendment before implementing a change that affects eligibility.
Identify the ownership and the required assignment evidence
The disputed point is almost never whether a foreign company exists; it is whether that company still provides goods or services on a regular, systematic and continuous basis. For a function-manager proposal, explain the essential function, senior-level responsibility and how others perform its routine work. The U.S. company must be a parent, branch, subsidiary or affiliate of the Canadian one, evidenced by registry extracts, articles, share registers and the resolutions that issued the shares. If an owner or major stockholder is involved, address the required temporary U.S. services and subsequent foreign assignment evidence. A general manager who will mostly sell product or run a branch counter is not in a managerial role however senior the title.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.