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NAIRN AND HYMAN · L-1A FIELD GUIDE

What if a major customer insists that the founder handle daily delivery?

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THE DIRECT ANSWER

Reassess the effect on the founder’s actual duties before relying on the management account. A customer’s preference does not determine the immigration classification.

Update the proposal rather than retaining an obsolete delegation

Describe the tasks, their frequency and the resources available to perform them. If the US role becomes mainly operational, a senior title cannot solve that change. For a new office, a revised client plan does not extend the initial one-year approval automatically; subsequent review must use the actual business history.

The qualifying parent-subsidiary relationship must exist when the petition is filed, the twelve months of qualifying employment abroad must be complete, and the evidence must show that the U.S. role will be primarily executive rather than operational. Work backwards from the season the U.S. operation is meant to serve, allow for a request for further evidence, and put the twelve-month extension review in the calendar on the day the first petition is filed rather than eleven months later. If the four-month secondment falls in the middle of the only candidate period, options include waiting until a fresh twelve months accumulate in Canada or documenting that the secondment was intermittent business travel rather than a US placement.