Describe the leave as it occurred
Record the start and end dates, location, employment relationship and any duties performed. Keep employer records consistent with the applicant’s account. Assess the required continuous qualifying year abroad within the relevant three-year period using the individual facts. Do not claim that every absence breaks continuity or that every unpaid interval necessarily counts. The chronology should identify the record that fixes every disputed date, such as payroll, leave approval or work-location evidence. It should also flag when an absence needs an explanation rather than an assumed outcome.
Show the role before and after the absence
Identify responsibilities actually exercised, the interim arrangement and the role offered on return. A temporary replacement’s duties are not automatically the applicant’s duties. L-1A requires qualifying managerial or executive capacity; explain authority and the allocation of operational work rather than using the leave solely as a date calculation. A useful duty review separates supervision, discretionary decisions and operational performance. It shows whether the offered position is structured to require managerial or executive work when the transfer actually begins.
Check the organizations and any new office
The organizations need a qualifying relationship and must meet the doing-business requirements. For a new office, sufficient physical premises and support for a managerial or executive position within one year must be established; initial new-office approval is limited to one year. A return-to-work plan cannot replace evidence of the proposed U.S. operation. Document the corporate relationship and U.S. operating facts with current records, not a future intention alone. For a new office, identify who will carry out day-to-day work while the transferred person develops the management role.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
