IN THIS GUIDE · Examine frontline launch duties in the proposed management role
Identify who will perform the service delivery
Hypothetical example: a proposed manager will initially handle customer work until additional staff are hired. Describe the current staffing, duties and realistic hiring sequence. Do not describe projected support as already available or assume that every launch task establishes a managerial role. Use an organization chart that names employees, contractors, and vacant positions separately. Pair it with a responsibility chart showing which person actually delivers services. The decision maker can then see whether the transferee will direct work through others or personally carry the recurring operational load.
Distinguish established and new-office analysis
For an established operation, assess the actual proposed qualifying role. If the U.S. organization has been doing business for less than one year, assess the new-office framework, including sufficient premises, required foreign managerial or executive employment and ability to support the intended managerial or executive role within one year of approval. Choose the correct frame at the outset. A U.S. enterprise operating for under one year needs the new-office analysis, including premises and a credible first-year plan. An older enterprise should be documented through present operations, support, and the actual proposed role rather than a launch forecast.
Show actual authority and support
Explain decision-making, reporting relationships and who carries out operational tasks. A function manager must primarily manage the function rather than perform it. No universal headcount alone proves the role, so connect staffing and other support to the substantive responsibilities. Document authority with concrete examples: budget approvals, hiring input, vendor selection, policy setting, or control of a defined function. These records should be dated and consistent with the chart. A broad job title becomes more credible when the evidence identifies decisions the person can make without routine supervision.
Document the qualifying transfer
Provide ownership and control evidence, actual foreign employment dates and locations, and ongoing business activity. The organization needs qualifying operations in the United States and at least one other country during the relevant period. A contract promising future activity is not the same as evidence that business is already being conducted. Build a chronological record of the relationship between the entities, overseas payroll, job descriptions, and business activity. Registration certificates alone are limited evidence. Invoices, payroll records, contracts, and operational records can help establish that the linked organizations are active and related.
Establish the qualifying foreign year and active organizations
The foreign employment generally must include one continuous qualifying year within the relevant preceding three-year period, assessed on the individual facts. U.S. days do not count toward that foreign year; a trip should not automatically be treated as breaking continuity. The qualifying organization must do business in the United States and at least one other country during the relevant period, through regular, systematic and continuous provision of goods or services rather than registration alone. Count time carefully, identifying absences and the capacity in which the individual worked. Then separately calculate prior L time, because L-1A is limited to seven years while L-1B has a five-year ceiling. Treat later extensions as new evidence exercises, not automatic consequences of an initial approval.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.