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FOR BUSINESS LEADERS · STONEHAM-ET-TEWKESBURYStoneham-et-Tewkesbury

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Hypothetical example: a Stoneham-et-Tewkesbury contractor that installs and maintains snowmaking pipelines, pumps and automation for ski areas is opening a Colorado subsidiary and wants its operations director to run it. She has worked for the company for twenty months, but her first winter ended with a four-month layoff during the off-season before she was rehired into the year-round role. L-1A requires one continuous year of qualifying employment abroad within the three years before the petition, a qualifying relationship between the Québec parent and the U.S. subsidiary, and a U.S. role that is primarily managerial or executive. Because the subsidiary is new, the first approval is limited to one year and must be supported by premises and a credible plan. The layoff is the first fact to examine, before anyone drafts a job description.

Talk about L-1A
PurposeExecutive or managerial transfer
Company linkQualifying related businesses
New officeA distinct evidence requirement

IN THIS GUIDE · Reconstruct the continuous year when a Stoneham-et-Tewkesbury snowmaking contractor sends its operations director south

Start with the L-1A eligibility and application overview

01

Find the continuous year on the payroll record, not the résumé

A résumé that says operations director, two years, hides the layoff. Records of employment, pay stubs and the rehire letter show whether the last twelve months were unbroken. If the layoff falls inside the most recent twelve months, the continuous year has not yet been served and the petition should wait; if it precedes an unbroken year, the year counts. Set the dates out in a table and let counsel confirm which reading applies. Time she spent on business trips to the United States is not counted toward the year abroad, so log those days too.

02

Describe authority over a seasonal workforce honestly

The Québec operation runs twelve crew in winter and three in summer, and she directs the schedule, hiring, subcontractor selection and budget. That is a managerial role with fluctuating headcount, and the file should say so rather than present a flat organization chart from the busiest week. For the Colorado role, describe what she will control in year one: contracts with ski areas, hiring of the first technicians, supplier relationships and pricing. Installing pumps herself at the first job site is expected in a start-up, but the record must show that hands-on work is not the primary duty.

03

Prove the parent-subsidiary link and that both entities operate

The Québec company should hold the shares of the Colorado subsidiary directly or through a documented holding structure. Provide the incorporation record, the share register, the capitalization and the parent's financial statements showing an active business with contracts and payroll. A new subsidiary has no operating history, so its activity is shown through the signed lease, the first client letters of intent, bank deposits and the business plan. Both entities must be doing business for the whole L-1 period, so the Québec company cannot wind down after the transfer.

04

Treat the new-office year as a test with a fixed exam date

Approval for a new office runs one year, after which the extension petition has to show that the subsidiary reached a size and structure that genuinely supports a manager. Plan the year with that extension in mind: hire the first technicians early, record decisions she makes in writing, and keep contracts, payroll and invoices organized from the first month. L-1A status is capped at seven years in total, and the L-2 spouse is employment-authorized incident to status, which matters if the household depends on two incomes during the start-up.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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