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APPLICATION ANSWERS · L-1A FIELD GUIDE

Can we file on the assumption that the acquisition will close next week for a Guelph applicant?

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THE DIRECT ANSWER

An anticipated event should be identified honestly and evaluated against the requirements that must be met at the relevant filing or adjudication stage. Do not represent an uncompleted ownership change as complete. Coordinate the immigration strategy with the transaction’s real conditions and dates.

Use the closing checklist as evidence of uncertainty

Identify outstanding approvals and documents rather than relying only on the parties’ target date. If closing occurs after a submission, seek advice about what the case requires at that stage. Paying for faster agency action does not make a missing qualifying fact exist sooner.

Use a single calendar for corporate closing events, the foreign employment period, filing, travel, and the proposed US leadership start. The evidence review should mark which facts must exist at filing and which are forecasts. Payroll dates and ownership records settle the historic requirements; hiring and revenue records become important as the US operation develops. A problem commonly arises when a transaction closes later than expected or the transferee changes employers during the qualifying year. Hypothetical example: An industrial-hose company intends to move its Canadian managing director after buying a US distributor. The purchase has not closed, and the director plans to resign before it does. The company should decide whether the relationship and qualifying employment will exist on the relevant dates rather than treating a signed letter of intent as completion.

Use a written checkpoint for corporate transaction dates, qualifying employment and the transfer launch. Name the original record, the person responsible for obtaining it, and the date by which any contradiction must be resolved. This lets the applicant make a practical decision from verified facts instead of relying on a convenient assumption. If the answer changes the structure or schedule, revise the plan before the next immigration step.