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LETHBRIDGE COUNTY · L-1A FIELD GUIDE

Should we close the purchase of the U.S. outfit before or after we file the L-1A for our Lethbridge County manager?

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THE DIRECT ANSWER

Close first, or at least sign binding documents that establish the ownership, because the qualifying relationship must exist when the petition is filed. A petition based on a deal that might not close describes a relationship that does not yet exist.

The relationship must exist on the filing date

USCIS assesses whether the petitioner and the foreign employer are qualifying organizations at the time of filing. A letter of intent or a conditional offer does not make the U.S. outfit an affiliate or subsidiary; the transfer of shares does.

The practical sequence is to settle the ownership structure with the L-1 rule in view, close the purchase, update the U.S. stock ledger, and then file with evidence of the completed transaction. Because this is an acquisition of an operating business rather than a new office, the timeline after filing is the ordinary I-129 processing time or the premium-processing window, and the initial period requested can be up to three years.

The Canadian payroll year should be checked before closing so that a seasonal gap is discovered while there is still time to wait it out. Kyle should not travel on a visitor basis to start managing the U.S. crews in the interim; scouting visits and meetings are permitted, productive management of U.S.

employees is not.