Read the general business expansion overview
Hypothetical example: an Asphodel-Norwood specialty food manufacturer is forming its first American subsidiary and has two candidates: the sales director who would run it, and the production supervisor who understands its proprietary process. New-office petitions exist for both L-1A and L-1B, but they ask different questions, require different evidence, and set a different test for what the first year has to produce. Choosing the candidate before reading both sets of requirements is the common mistake, and it is avoidable.
Both new-office routes exist; they ask different questions
For a managerial or executive transferee the petition must show that sufficient physical premises have been secured, that the transferee has the qualifying year abroad in a managerial, executive or specialised-knowledge capacity, and that the new office will support an executive or managerial position within one year. For a specialised-knowledge transferee the petition must show secured premises, that the employer has the financial ability to compensate the employee and commence business, and that the foreign entity qualifies. Read both requirements before choosing the candidate, since the choice determines the evidence.
Choose by the honest description of the first year
Ask what the person will actually do in the first twelve months. If the sales director will be establishing distribution, hiring staff and directing the American operation, that is a managerial or executive role and the file should show the planned organisation. If the production supervisor will be commissioning equipment and transferring a proprietary process to newly hired American staff, that is specialised knowledge and the file should document the process and the knowledge. Choosing the label that seems easier and then describing duties that do not fit it is the reliable way to lose the petition.
Both are approved for one year, and both are judged on results
New-office approvals in either category are limited to one year, and the extension is decided on what actually happened. Decide at the start what evidence will exist twelve months later: payroll for the people hired, customer contracts and invoices, financial statements, and for a managerial transferee an organisation chart showing real subordinates. Note the separate ceilings, seven years for L-1A and five for L-1B, and note that the Canadian company must keep doing business throughout. A six-month internal review gives the company a chance to correct a shortfall while correction is still possible.
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.