Read the general business expansion overview
Hypothetical example: Sergei owns a diamond-drilling contractor based in Logan Lake and has won a first U.S. exploration contract. He plans to send himself as L-1A to set up a U.S. subsidiary. Because the subsidiary has no history, the petition is a new-office case: approved for one year, with evidence required now that the office has premises and will support a managerial role within twelve months. This guide lists what must exist before filing, what the one-year extension will demand, and the mistakes that turn a good contract into a refused petition.
What must already exist on the filing date
A new-office L-1A petition needs proof that sufficient physical premises have been secured, that the beneficiary has the required year of qualifying employment abroad, and that the U.S. office will support an executive or managerial position within one year. Sergei's file should therefore include a signed lease for a yard or office, the subsidiary's incorporation and ownership documents showing the Canadian company as parent, a bank account funded for start-up costs, the drilling contract, and a business plan with a staffing timeline. His own foreign year is proven by Canadian payroll and his role as owner-manager. A mailbox alone is not sufficient; whether a virtual office is sufficient depends on the nature and needs of the business, and this drilling operation should document premises appropriate to its planned yard and office functions.
Manage the year, because the extension is the real test
The initial approval is limited to one year. The extension petition must show the office is actually doing business and that Sergei is now performing primarily managerial or executive duties, supported by staff. If at month twelve he is still the only employee, running the drill himself, the extension will be refused because the role is hands-on. He should hire drillers and a supervisor in the United States on the schedule in the plan, keep organizational charts and payroll as the year progresses, and document decisions he makes as a manager: contracts negotiated, equipment purchased, staff hired. The extension file is built from the year's records, so start collecting them in month one rather than month eleven.
Keep the corporate relationship and the Canadian company active
The qualifying relationship must continue for the whole period, which means the Logan Lake company must keep operating as a real business while Sergei is in the United States. If he winds it down to focus on the U.S. subsidiary, the L-1 basis disappears. Ownership must be traceable through share registers; if a U.S. partner invests, the parent-subsidiary or affiliate link must survive the new structure. His wife would be employment-authorized incident to L-2 status and could work for the subsidiary or elsewhere. L-1A is capped at seven years in total. If Sergei intends to stay, the managerial record built during the new-office period is also the evidence base for an employment-based immigrant petition later.
What else is on your mind?
Does being a business owner or director qualify me for L-1A?What employment history should an L-1 transfer review cover?What makes a new-office L-1A case different?Why does an L-2 spouse’s admission record matter for work?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.