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ROTHESAY · BUSINESS CONTINUITY

The foreign business needs an operating plan after its key employee leaves

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

A transfer can affect the organization left behind as well as the new U.S. operation. Show who will continue the foreign business and how the qualifying organizational relationship is maintained. Registration or a bank account alone is not evidence that an organization is doing business. A practical first review should result in a dated evidence plan, a list of unsettled facts, and a decision about what must be resolved before money, travel, or work is committed. L-1 requires a qualifying organizational relationship and qualifying foreign employment; a new-office initial approval is limited to one year. The reader should separate facts already proved from assumptions that need a contract, official record, or individual advice.

01

Identify responsibilities that need continuity

Hypothetical example: the employee opening the U.S. office also signs the foreign company’s customer orders and supervises delivery. Record who will assume those functions, the authority granted and any service or employment arrangements. If the employee will retain foreign responsibilities, explain the allocation instead of leaving the same full-time duties in both plans. Hypothetical example: a precision-rivet distributor leases a warehouse but postpones hiring until sales are proven. The concrete decision is whether the applicant will perform routine packing or direct a credible managed function during the first year. Record the document that settles the point, then preserve the earlier version if facts later change.

02

Document the qualifying entities and employment

Establish the actual corporate relationship and the applicant’s continuous qualifying year abroad within the relevant three-year period, with individual timing assessed. Ongoing foreign business may occur through another qualifying organization depending on the structure; do not assume only the original employer can perform it or that a group brand proves the relationship. Build a chronology before drafting a summary. It should identify who knows each fact, when the record was created, and which evidence supports the next requested step.

03

Link the U.S. plan to the first-year requirements

A new office needs sufficient physical premises, and initial L-1 approval is limited to one year. For L-1A the U.S. operation must support a managerial or executive role within one year. Use contracts, staffing arrangements and financial evidence to explain both operations. Preserve changes as they happen rather than retrospectively presenting an uninterrupted forecast as history. Do not use a commercial timetable as an immigration conclusion. Select a sequence that allows the underlying evidence and current official requirements to be checked before an irreversible action.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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